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State v. Asbridge, 555 N.W.2d 571 (N.D. 1996)
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Filed Nov. 13, 1996

IN THE SUPREME COURT

STATE OF NORTH DAKOTA
State of North Dakota, Plaintiff and Appellee
v.
Darold A. Asbridge, Defendant and Appellant

Criminal No. 950413
Appeal from the District Court for Grant County, South Central Judicial District, the Honorable Zane Anderson, Judge.

AFFIRMED.
Opinion of the Court by VandeWalle, Chief Justice.

Cynthia M. Feland, State's Attorney, Carson, for plaintiff and appellee.
Michael R. Hoffman (argued), and Thomas A. Dickson (on brief), Bismarck, for defendant and appellant.


[555 N.W.2d 572]

State v. Asbridge
Criminal No. 950413


VandeWalle, Chief Justice.
Darold A. Asbridge appealed from a criminal judgment entered on a jury verdict finding him guilty of driving under the influence of alcohol in violation of N.D.C.C. 39-08-01. We conclude the statutorily-required foundation for the trial court's admission of Asbridge's blood-test result under N.D.C.C. 39-20-07 was properly established, reject other allegations of reversible error, and affirm the criminal judgment.
On May 12, 1995, North Dakota Highway Patrolman Rick Michels stopped Asbridge's vehicle north of Elgin after observing it cross over the center line into Michels' lane of traffic. Michels recognized Asbridge and noticed he had red, bloodshot eyes, flushed cheeks, and the odor of alcohol on his breath. Michels requested that Asbridge accompany him to his squad car.
While in the squad car, Michels gave Asbridge the implied consent advisory and asked him to recite the alphabet and count backwards from 75 to 60. Asbridge said he could perform both tests, but he wanted to speak with an attorney before doing them. Asbridge then performed several roadside field sobriety tests, which he failed. Michels placed Asbridge under arrest for driving under the influence of alcohol, informed him of his Miranda rights, and took him to the Elgin Hospital for a blood test. The test result showed Asbridge had a blood alcohol concentration of .19 percent by weight.
At Asbridge's trial, the blood-test result was admitted into evidence over Asbridge's objection that no proper foundation was provided for its admission under N.D.C.C. 39-20-07. The jury found Asbridge guilty of driving under the influence of alcohol.
I
The primary issue in this case is whether the trial court correctly ruled the statutory foundation requirements under
N.D.C.C. 39-20-07 were satisfied for admission of the blood-test result.
The prosecution relied on three exhibits to establish foundation for introduction of the blood-test result. Michels identified State's Exhibit 1, which is a checklist he completed indicating that he had performed each required step to submit the blood sample for analysis. Asbridge did not object to this exhibit. Michels also identified State's Exhibit 2, which is a "statement" of the registered nurse who collected Asbridge's blood sample. The nurse stated the method she used to collect the blood sample. Asbridge objected, based on lack of foundation, but the objection was overruled.
Finally, Michels identified State's Exhibit 3, which was a notarized statement from the State Department of Health and Consolidated Laboratories signed by Aaron E. Rash:
"I, Aaron E. Rash, do hereby certify that I am the duly appointed Deputy State Toxicologist of the State of North Dakota and the official custodian of the records and files of the office thereof, and that I have carefully compared the Analytical Report (Form 107) and Form 104 TL-95-0714 ASBRIDGE, DAROLD A hereto attached with the respective original as the same appears of record on file in the Office of the State Toxicologist in the County of Burleigh, North Dakota, and find the same to be a true and correct copy thereof and of the whole thereof. Further I certify that the analysis of the blood sample has been performed according to the method and with a device approved by the State Toxicologist and by an individual certified by the State Toxicologist to conduct blood alcohol analysis pursuant to 39-20-07 subsection 5 of NDCC."
The Analytical Report and Form 104 were attached to the document. The Analytical Report stated the "Approved Method to Conduct

[555 N.W.2d 573]
Blood Alcohol Analysis 2(5-1-95)" was used and a "Shimadzu Model GC-9A, Serial #20540N" was the testing device used. The Analytical Report was signed by a chemical analyst, Thomas Hoesley.
Asbridge objected, claiming foundation was lacking because no list of certified operators or analysts was introduced, no list of certified testing devices was introduced, and no certified copy of the approved method to conduct a blood

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