State v. Finch

The opinion of the court was delivered by

Beier, J.:

This appeal by the State arises on a question reserved in a driving under the influence (DUI) prosecution. The State challenges the district court judge’s decision to grant a motion for judgment of acquittal based on the margin of error for the Intoxilyzer 5000 used to test defendant’s blood-alcohol concentration.

Factual and Procedural Background

Defendant Paul R. Finch was arrested for DUI, and his blood-alcohol concentration was measured at .08 through the use of an Intoxilyzer 5000 within 2 hours of his operating a vehicle. The State…