Hardman v. StateAnnotate this Case
The Supreme Court affirmed Defendant's conviction of two counts of operating a vehicle while under the influence of alcohol pursuant to Wyo. Stat. Ann. 31-5-233(b)(i) and (b)(iii), holding that the district court did not abuse its discretion when it admitted evidence of Defendant's blood alcohol concentration (BAC) and that Defendant was not denied due process or an opportunity to conduct an effective cross-examination at trial.
On appeal, Defendant argued that the trial court erred by admitting his BAC because the State failed to establish that his blood analysis was performed according to methods approved by the Wyoming Department of Health and that the error was prejudicial. The Supreme Court affirmed, holding (1) the district court should have compelled production of a linearity study related to the calibrator for Defendant's blood samples test, but the error was harmless; and (2) Defendant was not denied his constitutional right to due process or an opportunity to confront the State's witnesses.