Anderson v. State

In Anderson v. State, 1995 WL 717245 (Del. Super. 1995), the Delaware Supreme Court held that calibrations of an Intoxilyzer must occur within a reasonable temporal proximity of the defendant's test. In so ruling, the Court rejected a bright-line rule that an Intoxilyzer must be calibrated every 30 days in order to be admissible. Additionally, the Intoxilyzer 5000EN is listed as an acceptable mobile evidential breath measurement device on the NHTSA conforming product list, published in the Federal Registry.