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STATE v. WEEKS12/8/1993
ght most favorable to the prosecution, any trier of fact rationally could find beyond a reasonable doubt every element of the offense charged. State v. Barry, 495 A.2d 825, 826 (Me. 1985). In the present case, there was considerable testimony concerning Weeks' erratic driving, his staggering, his poor performance on field sobriety tests, his bloodshot eyes, and the smell of alcohol on his breath at the time of the arrest. With respect to the blood-alcohol test, the police officer testified that Weeks inflated the balloon in one breath, and the expert witness testified that the test had a margin of error of 0.015%. Based on all of the evidence presented, viewed in the light most favorable to the State, we conclude that the jury rationally could have found beyond a reasonable doubt that Weeks was operating a motor vehicle while under the influence of intoxicating liquor and that he had 0.08% or more by weight of alcohol in his blood.
Weeks raises additional arguments concerning the trial court's admission of expert and lay witness testimony. Because the admission of such testimony was clearly within the trial court's discretion, we find no error.
Accordingly, the entry is:
Judgment affirmed.
All concurring.
Page 1 2 Maine DUI Attorneys
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