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State v. Knowels12/2/2003
AFFIRMED.
[ ] Daniel Joseph Knowels appeals from a judgment of conviction entered upon a jury verdict finding him guilty of driving under the influence of alcohol under N.D.C.C. § 39-08-01. After the close of the State's case-in-chief, Knowels moved for a judgment of acquittal under N.D.R.Crim.P. 29, based on insufficient evidence. The trial court denied the motion and Knowels then presented his defense. Before submitting the case to the jury, Knowels again moved for a judgment of acquittal under N.D.R.Crim.P. 29, based on insufficient evidence. The trial court denied the motion and submitted the case to the jury. On appeal, Knowels argues there is insufficient evidence to sustain his conviction. Concluding there was sufficient evidence to support Knowels' conviction, we affirm.
I.
[ ] Knowels was arrested for driving under the influence of alcohol on June 19, 2002, in Emerado, North Dakota. On the night of June 19, 2002, Knowels borrowed a vehicle from his co-worker and roommate, Marty Erickson. Chief of Police Tim Gillespie noticed Knowels' vehicle drift into the oncoming lane of traffic and continue to weave. Chief Gillespie stopped Knowels for erratic driving. Chief Gillespie noted Knowels had balance problems, bloodshot eyes, slurred speech, and smelled of alcohol. Alcohol was discovered in Knowels' vehicle and Chief Gillespie confirmed an alcohol smell was emanating from the vehicle's interior. Knowels testified he had poor balance because of an injured back and broken rib and his eyes were possibly bloodshot because he had recently awoken from a long sleep. He also admitted he had been drinking earlier that afternoon, but had not had a beer since approximately 2:30 p.m. Erickson testified that Knowels had a few beers, slept for several hours, awoke, ate dinner, and went back to sleep. Knowels eventually left his home at 10:30 p.m. Erickson testified Knowels did not have slurred speech or bloodshot eyes at the time he left and did not take beer with him, nor did he drink during dinner. Erickson also claimed the open containers found in the vehicle most likely belonged to him.
[ ] Knowels refused all field sobriety tests. Chief Gillespie informed Knowels of the implied consent warnings, and Knowels agreed to a preliminary breath test. According to Chief Gillespie, Knowels failed to blow into the machine as instructed and did not provide a sufficient sample, possibly making the results questionable. No formal chemical testing measuring Knowels' blood-alcohol content was performed. Knowels refused to submit to a blood test, but argues he made numerous requests for a breath test. Knowels was transported to the hospital, where he refused medical treatment for his alleged injuries.
[ ] A jury trial was held on March 25, 2003. Because no chemical test was conducted, the only evidence of Knowels' intoxication was Chief Gillespie's testimony recounting his observations of Knowels during the traffic stop and subsequent arrest. The jury convicted Knowels of driving under the influence of alcohol, in violation of N.D.C.C. § 39-08-01.
II.
[ ] On appeal, Knowels argues there is insufficient evidence to convict him, primarily because there was no chemical analysis of his blood-alcohol content, aside from the preliminary breath test.
[ ] Our standard of review is well established for cases in which a defendant challenges the sufficiency of the evidence to support a criminal conviction:
"In reviewing the sufficiency of the evidence to convict, we look only to the evidence most favorable to the verdict and the reasonable inferences therefrom to see if there is substantial evidence to warrant a conviction.
Page 1 2 North Dakota DUI Attorneys
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