State v. Dush

The defendant was convicted in the county court of operating a motor vehicle while under the influence of alcoholic liquor or any drug; or when he had ten-hundredths of one percent or more by weight of alcohol in his body fluid as shown by chemical analysis of his blood, breath, or urine. He was sentenced to 9 months’ probation, including a fine of $100. Upon appeal to the District Court the judgment was affirmed.

He has appealed to this court and contends that the trial court erred in failing to sustain his motion to suppress, in admitting the result of a breath test into evidence, in failing…