State v. O'BRIAN

Defendant Jeffrey O’Brian (O’Brian) appeals from the judgment and sentence entered by the Fourteenth Judicial District Court, Musselshell County. Based upon the results of an Intoxilizer test administered to O’Brian, the District Court found him guilty beyond a reasonable doubt of a per se violation of driving a vehicle with a blood alcohol concentration greater than 0.10. We affirm.

The sole issue raised upon appeal is whether the District Court erred in admitting the results of. an Intoxilizer 5000 blood alcohol concentration test when the test was allegedly not administered in compliance…