Byrne v. State

OPINION

Paul J. Byrne was convicted of driving while intoxicated in violation of AS 28.35.-030 which defines driving while intoxicated, in part, as driving a motor vehicle when there is 0.10 percent or more by weight of alcohol in the driver’s blood.

Byrne contends that the trial court erred in two respects. First he argues that his conviction was predicated on his blood alcohol rate not his driving, and therefore the trial court erred in admitting evidence that he drove erratically and appeared intoxicated to arresting officers. Second, he claims the trial court erred in admitting into…