State v. Birk

OPINION

WRIGHT, Judge.

Appellant challenges her conviction of third-degree driving while impaired (DWI) (having an alcohol concentration of .10 or more within two hours of driving), arguing that (1) the evidence was insufficient to prove that the Intoxilyzer test was reliable and (2) she faced an unconstitutional presumption of guilt at trial based on the Intoxilyzer test result. We affirm.

FACTS

At approximately 1:00 a.m. on May 13, 2003, Lino Lakes Police Officer Adam Hal-verson stopped appellant Wendy Birk for an improper lane change. Halverson noticed a strong odor of alcohol while speaking…