State v. Kemper

The State of Hawaii (State) charged Defendant-Appellant Homer Kemper (Defendant) with the offense of Driving Under the Influence of Intoxicating Liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(l) and (2) (Supp.1992). 1 In a bench trial, the district court had a reasonable doubt of Defendant’s guilt under HRS § 291-4(a)(l), but found him guflty under HRS § 291-4(a)(2), based on the breath test result showing a 0.113 percent blood alcohol concentration (BAC) obtained from an intoxi-lyzer model 4011AS breath testing instrument (Intoxilyzer). 2

On appeal, Defendant’s sole…