(dissenting) — The majority suppresses the results of Mr. Watson's Breathalyzer test because it finds compliance with WAC 448-12-015 to be the "exclusive *953method" to establish the admissibility of the results. I disagree and therefore dissent.
The majority opinion acknowledges (a) Trooper McNeilly checked the Breathalyzer machine 9 days after it was used to test Mr. Watson and found it worked properly at that time; and (b) an expert from the state toxicology laboratory testified that when such machines develop problems, they are not "self-correcting". Based on this testimony, it is an inescapable conclusion that the machine was operating properly on the day of Mr. Watson's test.
In order to admit Mr. Watson's Breathalyzer results, the majority requires a showing that the maintenance procedures outlined in WAC 448-12-015 were followed prior to the time of the test. Based upon State v. Ryan, 43 Wn. App. 488, 717 P.2d 1390 (1986), the majority concludes compliance with WAC 448-12-015 is the exclusive method to establish admissibility. Not only does this regulation not provide such exclusivity, Ryan also does not support this conclusion. In that decision, the defendant challenged that admissibility of his Breathalyzer test results on the basis the ampul used in his test was from a different batch than that used when the machine was tested by the maintenance operator. Since the ampul batch used in Mr. Ryan's test had not been previously checked in the machine, WAC 448-12-015 was violated and his test results were inadmissible. Ryan, at 492. In sum, the decision holds only that the test administered upon Mr. Ryan was defective because of an unchecked ampul. Here, the procedure used in administering the test is not challenged. On the record before us, the test was properly administered. In my view, neither the statute nor administrative regulations nor decisional law require a specific procedure be followed as a condition to the admission of a validly administered test. The only question is whether the machine was in proper working order at the time of the test. The unchallenged testimony is that it was working properly on the day the test was administered. Since the Breathalyzer test results are clearly *954relevant and credible, the trial court did not abuse its discretion in admitting the results.
The thrust of State v. Peterson, 100 Wn.2d 788, 674 P.2d 1251 (1984); State v. Baker, 56 Wn.2d 846, 355 P.2d 806 (1960); State v. Ryan, supra, and legislation governing the administration of Breathalyzer tests is to assure the accuracy, validity and credibility of the Breathalyzer test results. As recently stated in State v. Ford, 110 Wn.2d 827, 833, 755 P.2d 806 (1988): "The ultimate concern of the judiciary is that the methods approved result in an accurate test, competently administered, so that a defendant is assured that the test results do in fact reflect a reliable and accurate measure of his or her breath content." Here, there is unrebutted evidence the machine was operating properly and the test results were accurate. This direct evidence is stronger than the presumption created by WAC 448-12-015 arising from a maintenance check that could have been performed up to 90 days before the test was administered. The evidence was properly admitted by the trial judge. Thus, I would affirm the conviction.