The statute provides for a presumption of regularity. Wis JI-Criminal 2668. Evidence of previous malfunctions are directly related to the issue as to the machine's proper functioning. The evidence sought to be introduced related to problems that occurred on the day Theurer was tested and the months immediately preceding that date. This is evidence that directly relates to whether the machine was properly functioning at the time it was used to test Theurer.
Relevant evidence is evidence that has a tendency to make a fact in issue more or less probable.
Section 904.01, Stats. Malfunctioning of the machine in the immediate past is relevant as to whether the machine was properly operating at the time it was used to test Theurer. The excluded evidence is therefore relevant and the trial court's conclusion that it was not is erroneous. This court recognizes that the evidence standing alone does not demonstrate that the Intoxilyzer 5000 was not in proper working order. In addition, the test of the machine at the time Theurer was tested evinced a machine in proper working condition.