State v. Orvis

Defendant appeals from a conviction, after trial by jury, for driving while there was .10 percent or more by weight of alcohol in his blood, in violation of 23 V.S.A. § 1201(a) (1). He claims that the trial court erred in allowing the admission of the results of an alcohol breath test and refusing to give a requested jury instruction. He further claims that the court erred in denying his motion for a directed verdict of acquittal. We disagree with defendant’s arguments and affirm.

The circumstances surrounding defendant’s arrest and subsequent conviction are not disputed. Essentially,…