Baran v. State

BARTEAU, Judge.

James Baran appeals his conviction of operating a vehicle with ten-hundredths percent (.10%) or more of alcohol by weight in the blood. Because we reverse, we address only the issue whether the evidence was sufficient to support the conviction.

On February 20, 1991, State Trooper David Henson observed the truck being driven by Baran weave from lane to lane. Henson pulled Baran over and subsequently took Baran to the police station for a BAC breath test. The result of the test was recorded as “.11.” Baran was then charged with two counts: 1. operating a vehicle while intoxicated,…