State v. Bjornsen

Defendant appeals from a conviction of operating a motor vehicle while having ten-hundredths of one percent of alcohol by weight in his body fluid.

There is no evidence of the defendant’s intoxication sufficient to sustain a conviction other than the results of a blood test. The testimony of the sheriff who arrested defendant following the accident merely disclosed the defendant had the odor of alcohol on his breath and that a partially-filled wine bottle was found at the scene.

The chemist who tested the blood sample of the defendant testified the test conformed to the standard *710set forth in…