State v. Smith

OPINION

ARMIJO, Judge.

{1} Calvin Smith was convicted after a bench trial, in Metropolitan Court, of Driving While Intoxicated (DWI), contrary to NMSA 1978, § 66-8-102 (1997). Following his conviction, Defendant appealed to the district court, which affirmed. Defendant presents only one issue on appeal to this Court: whether the results of his breathalyzer tests were properly admitted at trial. We affirm the judgment of the trial court.

FACTUAL BACKGROUND

{2} At approximately 1:53 a.m., July 9, 1997, Officer Don Chavez of the Albuquerque Police Department observed Defendant duck down behind the…