In State v. Nelson, Division III of the Court of Appeals took up the challenge left over after our Supreme Court decided State v. Baird.  In Baird, the State Supreme Court agreed breath testing is constitutional, but provided little analysis or discussion on the topic from a State law perspective.  This led the defense in Nelson (and the dissenting judge in this decision) to argue the issue was an open question.   Benton County argued the issue was decided in Baird and the majority agreed-noting the plurality plainly stated that position and Justice Gonzalez agreed in his concurrence.  

The full opinion is here: State v. Nelson

Congratulations to Douglas County for vigorously pursuing this DUI case through three trials and multiple appeals.   Special thanks to Kurt Parrish, who worked tirelessly to get this done.  Cheers!