Bowman v. State

DICKSON, Justice.

Defendant Kurt F. Bowman operated an automobile involved in an accident that resulted in fatal injuries to his passenger. Following a jury trial, he was convicted of separate counts charging operating a vehicle while intoxicated, causing death (OWI death), and operating a vehicle with a blood alcohol level of .10% or more, resulting in death (OWBA death). The Court of Appeals affirmed the conviction for OWI death, but reversed and remanded for a new trial on the charge of OWBA death, correctly determining that due to improper procedures used in the administration of the…