State v. Lockamy

VAUGHN, Chief Judge.

Defendant was convicted under G.S. 20-138(b), which makes it a crime to operate a vehicle when the amount of alcohol in the blood is .10 percent or more by weight. Defendant now contends that nothing in the Record shows that his blood alcohol level was measured by weight.

The trial judge instructed the jury that the results from the breathalyzer indicated that the amount of alcohol in defendant’s blood was ten one hundredths of one percent by weight. Defendant contends that this instruction was unsupported by the evidence and that the charge against him should be dismissed…