People v. Frazier

The defendant was tried by a jury, convicted of driving while under the influence of alcohol, and sentenced to 300 days’ imprisonment. An analysis of the defendant’s breath an hour after his arrest revealed a blood-alcohol concentration of .28, and this information was introduced into evidence. On appeal the defendant argues that the results of the breath test should not have been used at trial and that the jury received misleading instructions on the subject of intoxication. The defendant also argues that he was not proved guilty beyond a reasonable doubt. We conclude that no reversible…