State v. Lewis

WALTERS, Chief Judge.

Following a jury trial before a magistrate, Joe Lewis (Lewis) was found guilty of driving under the influence of alcohol (DUI), in violation of I.C. § 18-8004. 1 Lewis appeals, assigning error to the admission at his trial of testimony regarding the horizontal gaze nystagmus (HGN) test, a jury instruction on the meaning of driving under the influence, and the magistrate’s denial of Lewis’s motion to suppress the results of the breath-alcohol test. For the reasons stated below, we affirm.

I

FACTS AND PROCEDURAL BACKGROUND

On April 4, 1991, shortly after midnight, Officer…