State v. Troy Miles Svelmoe

Appellant Troy Svelmoe appeals a felony conviction for driving under the influence (“DUI”). Svelmoe was pulled over in Post Falls, Idaho, for vehicle equipment violations. The officer suspected that Svelmoe was driving under the influence and asked Svelmoe to perform three field sobriety tests, Svelmoe failed two of the tests and was placed under arrest. The officer then asked Svelmoe to take a breath alcohol test. Svelmoe agreed and provided two breath samples. The results of the breath tests showed an alcohol concentration (BAC) of .108 and .106.

The State filed a criminal complaint charging…