State v. Falk

WILLIAM F. HODNY, District Judge.

Gary Steven Falk appeals from a judgment of conviction for driving while under the influence of intoxicating liquor in violation of Section 39-08-01(1), N.D.C.C. 1 He asserts that the trial court erred in admitting into evidence the results of an Intoxi-lyzer test given more than four hours after he was driving and that there was insufficient evidence to support the conviction. We affirm.

At approximately 8:30 p.m. on July 21, 1987, Falk and his eight year old son were involved in a one-car rollover about fifteen miles north of Jamestown. Falk testified that he…