State v. Paul

CLEMENS, Commissioner.

A jury found defendant Donald Roy Paul guilty of driving a motor vehicle while in an intoxicated condition, and imposed a $500 fine. (Under § 564.440(1) 1 the offense is a misdemeanor.) Following the denial of his after-trial motion, allocution and judgment, the defendant appeals. We reverse and remand, holding that the trial court erred in admitting evidence of chemical tests.

The decisive issue concerns admissibility of a chemical analysis of defendant’s breath made after testing with a Double Piston Cylinder (DPC) intoximeter. The defendant objected to this because he…