Long v. State

OPINION

Appellant was charged in an information filed June 25, 1990, with one count of driving under the influence of intoxicating liquor, third offense, pursuant to NRS 484.379. See also NRS 484.3792(l)(c). Specifically, appellant was charged with driving “willfully and unlawfully, while under the influence of intoxicating liquor, and while having a [sic] 0.10% or more by weight of alcohol in his blood.” 1 At appellant’s trial, expert testimony was presented that a blood sample taken following appellant’s arrest contained 0.127 percent by weight of alcohol.

A jury found appellant guilty on…