State v. Gai
Annotate this CaseAfter a bench trial in justice court, Defendant was convicted for DUI per se. At the close of the State's case-in-chief, Defendant moved the justice court to dismiss the charge on grounds of insufficient evidence, arguing that the margin of error in the Intoxilyzer breath test's result created reasonable doubt that Defendant's alcohol concentration had, in fact, reached the statutorily prohibited level. The district court affirmed the justice court's denial of Defendant's motion, concluding that Defendant had forfeited his right to challenge the veracity of his breath test. The Supreme Court affirmed, holding (1) Defendant had an evidentiary right to challenge the veracity of his Intoxilyzer breath test at trial, and the district court erred in concluding otherwise; but (2) the district court did not err in concluding that there was sufficient evidence to support Defendant's conviction, as a rational trier of fact could have found beyond a reasonable doubt that Defendant's alcohol concentration was over the statutorily proscribed limit.
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