State v. McIntyre

The circuit court did not hold that the results of a blood alcohol test were essential to a conviction for driving while under the influence of alcoholic beverages. The basis upon which the circuit court reversed was that in the absence of blood alcohol testimony when the respondent proved that he had suffered a blow on the head and testified that this, rather than the alcohol he had imbibed earlier in the day, caused him to appear intoxicated and furnished medical evidence in support of this theory, the state had failed to prove its case beyond a reasonable doubt. There is support for this…