State v. Kaloustian

VOGEL, Judge.

This is an appeal from a conviction in the county court of increased jurisdiction of Stutsman County, North Dakota, on a charge of driving while under the influence of an intoxicating beverage, in violation of Section 39-08-01, N.D.C.C., which reads, in part, as follows:

“1. No person shall drive or be in actual physical control of any vehicle upon a highway in this state if:

“b. He is under the influence of intoxicating liquor.

The question to be decided is what probative effect, if any, is to be given to a blood-alcohol test taken more than 1½ hours after the defendant last drove…