State v. Corsiglia

CLEMENS, Commissioner.

On this appeal we hold that the trial court erred in admitting evidence of a “Breathalyzer” test showing the percentage of alcohol in the defendant’s blood.

The defendant was convicted of driving while intoxicated and fined $100. He appeals, challenging the admission of evidence of the result of a Breathalyzer test. Defendant contends the test revealed only a percentage of alcohol in blood computed by volume and failed to show a percentage of alcohol in blood computed by weight as required by § 564.442, V.A.M.S.

That section declares that when a person is charged with…