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Dodge v. State12/6/2001
here was evidence that the level of alcohol in appellant's blood at the time it was tested was 0.09. Moreover, there was expert testimony that appellant's blood alcohol level at the time of the accident was 0.12. Thus, it was proper to instruct the jury that if it found that appellant's blood alcohol level was greater than 0.08 at the time he drove his automobile into the Bells' vehicle, then the jury must also find that appellant was guilty of the offense of DUI.
AFFIRMED.
DELL and GUNTHER, JJ., concur.
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