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Delgado v. State10/20/1999
cent, the blood test result could be considered along with the rest of the evidence, but the test result, by itself, gave rise to no inference concerning whether the person was "under the influence of intoxicating liquor." Thus, Judge Wood implicitly instructed the jury that even though a person had a substantial blood-alcohol level, this did not necessarily mean that the person was "under the influence."
The evidence, the parties' arguments, and the Judge's other instructions made it clear to the jury that "impaired in any way" meant more than simply "affected by alcohol in the slightest manner," more than "affected in some unspecified, unobservable way after consuming only a slight amount of alcohol." We are convinced that, whatever theoretical distinction might be found between "appreciably impaired" and "impaired in any way," Delgado was convicted based on the jury's Conclusion that his ability to operate a motor vehicle was observably affected by his consumption of alcoholic beverages.
We AFFIRM Delgado's convictions.
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