Heitkamp v. State

OPINION

FOLEY, Judge.

Defendant seeks to appeal his DWI conviction. He contends that the trial court should have excluded his Breathalyzer test results for lack of foundation. He also contends that the evidence does not justify his conviction. We affirm.

FACTS

State trooper Steven Sjerven stopped a pickup truck weaving within its lane and speeding. When defendant August Heit-kamp emerged from the truck he almost fell. He staggered as he walked. Sjerven observed that defendant’s face was flushed, his eyes were bloodshot and watery, and his breath smelled of alcohol. Sjerven arrested defendant for…