State v. Eisenhour

Steven Douglas Eisenhour (“Defendant”) appeals his conviction, following a jury trial, of the class D felony of driving while intoxicated (“DWT”) in violation of section 577.010.1.1 Defendant was sentenced as a persistent offender by the court to four years in prison.2 On appeal, Defendant claims the trial court erred in excluding evidence that his pre-arrest portable breathalyzer test (“PBT”) numerical result was .002. Finding no error as asserted by Defendant, we affirm.

Factual and Procedural Background

Before trial, the trial court considered the State’s motion in limine to exclude…