Hieger v. Director of Revenue

CRIST, Judge.

Appellant (driver) was found by a preponderance of the evidence to have been driving a motor vehicle while his blood alcohol concentration (BAC) was .13 percent or *492more by weight, contrary to § 302.505, RSMo 1986. We affirm.

The question is whether the State made a submissible case of proving driver had a BAC of .13 percent or more by weight at the time he was driving, when the evidence was he had a BAC of .14 percent by weight one hour and twenty minutes after he was arrested.

The parties stipulated that there was probable cause to arrest driver for driving while intoxicated and…