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State v. Buckler3/9/1999
level registered at .094% when the breathalyzer test was performed. Mr. Buckler argues that, due to the test result, and because only one witness "physically observed" and testified to his intoxication, the case should have been dismissed pursuant to section 577.037.5(3).
One of three conditions must be met for the charge of driving while intoxicated (DWI) to withstand dismissal when the blood alcohol level of the person charged is measured under .10%. Section 577.037.5, RSMo 1994. The statutes third stated condition requires the State to produce "substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant." Section 577.037.5(3), RSMo 1994.
As discussed in point one, Sergeant Meyer testified that he observed Mr. Buckler to be intoxicated. Mr. Buckler also admitted at trial that he had consumed 3 or 4 bottles of beer prior to his arrest. This testimony was sufficient evidence by which the trier of fact could determine Mr. Buckler's guilt beyond a reasonable doubt. State v. Faust, 709 S.W.2d 121 (Mo. App. E.D. 1986). The trial court did not err in refusing to dismiss the charge of driving while intoxicated at the Conclusion of the State's case. Point two is denied.
The judgment of conviction is affirmed.
All concur.
Separate Opinion: None
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
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