¶1concurring.
¶2I disagree with the majority’s conclusion that Keel’s conviction must be reversed because of lack of proof that the breathalyzer was calibrated by an “instructor,” as required by 7 AAC § 30.050(b).
¶37 AAC § 30.040(b) states that a qualified breathalyzer “instructor” may calibrate instruments used for testing. 7 AAC § 30.-050(b)(2) requires an instructor calibrating such instruments to send his calibration records to the Department of Health & Social Services in Juneau. Sgt. Conrad Walters of the Kodiak Police Department testified that Lt. Oldham was the department’s “certified calibrator of breathalyzer machines;' that he routinely calibrates such machines as part of his duties; that he makes records of his calibration results; that he sends these records to Juneau; and that he is required to do so by law. There was no evidence to the contrary.
¶4Although Walters did not use the word “instructor,” I think it can be fairly inferred from his testimony that Oldham was, in fact, an “instructor,” properly qualified to calibrate the breathalyzer machine that was used to test Keel. Wester v. State, 528 P.2d 1179, 1180-83 (Alaska 1974).
¶5Otherwise, I concur.