State v. Dumont

The defendant appeals his conviction under 23 V.S.A. § 1201(a)(2), of driving while under the influence of intoxicating liquor, on the ground that the admission of the results of a blood alcohol content test, without evidence relating the test results hack to the time of operation, was unfairly prejudicial. We agree with the defendant’s position; accordingly, we reverse and remand.

After being stopped by a police officer, the defendant was taken to a police station, where, approximately one hour and ten minutes following the stop, he was given a breath test. Chemical analysis of the breath…