Supreme Court of Arkansas
Derek D. Chambers v. State of Arkansas
November 1, 20122012 Ark. LEXIS 425
Summary
The court affirmed Chambers’s DWI conviction, holding that certificates showing the breathalyzer’s certification and calibration were nontestimonial records whose admission did not violate the Confrontation Clause. It also held that any challenge to the admission of the breath-test results themselves was abandoned because Chambers did not develop that argument on appeal. Justice Danielson concurred only in the result, reasoning that the majority’s discussion of the evidentiary issue was advisory because the record did not establish which statutory form of DWI supported the conviction.