People v. Wager

Defendant was convicted by a jury of operating a motor vehicle while under the influence of intoxicating liquor causing serious injury, MCL 257.625(5); MSA 9.2325(5). He was sentenced to five years’ probation with the first forty-five days to be served in the county jail. Defendant appeals his conviction as of right. We reverse.

On appeal, defendant claims that the trial court erred in admitting blood alcohol test results into evidence. We agree.

The decision whether to admit evidence is within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of…