Pilant v. State

OPINION

MANNHEIMER, Judge.

Mark W. Pilant was arrested for driving while under the influence. Following his arrest, Pilant submitted to a breath test; this test showed that his blood alcohol level was .078 percent. At Pilant’s trial, the jurors were instructed that if they concluded that the breath test was properly administered, then they were allowed to infer that Pilant’s blood alcohol level was at least equal to this test result — .078 percent — at the time he was driving:

[If you find that the breath test was administered] in substantial compliance with the methods approved by the…