State v. McIntyre
Annotate this CaseDefendant was charged with operating a motor vehicle under the influence of alcohol. Witnesses for the State testified that Defendant intentionally withheld air from the testing device, resulting in a sample size that the device labeled “Deficient Sample, Incomplete Test.” Nevertheless, the printout from the device reported a breath alcohol content of .218. The jury found Defendant guilty of driving under the influence of alcohol and also found that his breath alcohol content was .15 or greater. Defendant appealed, arguing, among other things, that the results of a chemical test for which the motorist gives a “deficient” sample are inadmissible. The Supreme Court affirmed, holding (1) evidence of a chemical breath test that records a deficient sample is admissible if the State lays sufficient foundation; (2) the district court did not abuse its discretion in sentencing Defendant; and (3) the evidence was sufficient to support the convictions.
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