State v. Basinger

BROCK, Chief Judge.

The State offered the testimony of the arresting officer concerning defendant’s conduct, appearance, and performance of tests. The arresting officer also testified that based upon his observations he was of the opinion that defendant was under the influence of alcohol. The State offered the testimony of the officer who administered the breathalyzer to defendant to the effect that the defendant’s blood alcohol content was 0.14. This evidence was sufficient to overcome defendant’s motions to dismiss. Defendant’s assignment of error No. 3 is overruled.

Defendant argues that…