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State v. Martinez2/15/2002
dication, with a little bit of arm balancing, about what their blood alcohol level might be."
We are not persuaded. The detective did not, as Defendant contends, testify that Defendant actually had a BAC of 0.10. In fact, both officers testified that they did not know Defendant's BAC at the time he was driving. The testimony in question explains that the purpose of the thirty count is to assist in the detection of marginal levels of intoxication, which might not otherwise be readily apparent. The National Highway Traffic Safety Administration Manual for DWI Detection and Standardized Field Sobriety Testing, from which officers are trained, indicates that research has shown that a person with a BAC above 0.10 can maintain balance for up to twenty-five seconds, but seldom as long as thirty. NTSA Manual, at VIII-24 (1992). Although Detective Watkins did think it significant that Defendant failed to maintain the one-leg stand to the count of thirty, he did not draw any direct correlation between Defendant's performance and a specific BAC level. We regard the officer's acknowledgment as significant that he did not know Defendant's BAC at the time of driving.
Furthermore, the admission of Detective Watkins' testimony, even if erroneous, did not rise to the level of either fundamental or plain error. Considerably more is required under either standard. See State v. Traeger, 2001-NMSC-022, 18, 130 N.M. 618, 29 P.3d 518 (noting that doctrine of fundamental error allows an appellate court to review a criminal conviction for errors that undermine the integrity of the judicial process); State v. Cunningham, 2000-NMSC-009, 13, 128 N.M. 711, 998 P.2d 176 ("`The doctrine of fundamental error is [reserved] for the protection of those whose innocence appears indisputably, or open to such question that it would shock the conscience to permit the conviction to stand.'" (quoting State v. Rodriguez, 81 N.M. 503, 505, 469 P.2d 148, 150 (1970))); State v. Paiz, 1999-NMCA-104, 28, 127 N.M. 776, 987 P.2d 1163 (noting that plain error doctrine should be used "sparingly," when an error "`seriously affect the fairness, integrity or public reputation of judicial proceedings'" (quoting United States v. Olano, 507 U.S. 725, 736 (1993))).
CONCLUSION
We affirm Defendant's conviction for DWI.
IT IS SO ORDERED.
WE CONCUR:
LYNN PICKARD, Judge
JAMES J. WECHSLER, Judge
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