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State v. Dohlman12/30/2002
dily actions or motions. In re S.C.S., 454 N.W.2d 810, 814 (Iowa 1990).
In State v. Pieper, 432 N.W.2d 701, 704 (Iowa Ct.App.1998), the defendant was found to be driving while under the influence of intoxicants under these circumstances:
Defendant was combative to the nurses at the hospital. His speech was still slurred, with a variable pitch and rate, and he was difficult to understand. Defendant remained argumentative and evasive. Defendant's eyes were red and watery, and the pupils were dilated and slow to react to light. The odor of alcoholic beverage was very strong and distinct on defendant's breath.
The only evidence of Dohlman's intoxication came from Jessica, who testified his speech was slurred, his eyes were glossy, and he staggered. [FN6] We note Jessica admitted to bitter feelings against Dohlman due to her husband's death. Two witnesses testified Jessica told them Dohlman was a killer who should burn in hell.
FN6. We recognize Jim Dohlman testified he believed Dohlman was under the influence of alcohol, but on cross-examination, Jim stated he believed "under the influence of alcohol," meant the person had consumed any amount of alcohol at all, while "intoxication," meant being impaired, and Dohlman was not impaired. Taken as a whole, Jim's testimony does not support a finding that Dohlman was intoxicated.
Additionally, as we noted above, we consider all the evidence in the record, not merely that which favors the State. Kolbet, 638 N.W.2d at 658. Of the two state troopers and two police officers who dealt with Dohlman on December 6, 1998, none testified he appeared to be intoxicated. None of these trained officers noticed slurred speech, glossy eyes, or staggering, or indeed any signs Dohlman was under the influence of alcohol. Furthermore, thirteen witnesses testified at the trial who had either seen Dohlman at the Red Man Inn or at the scene of the accident, or both, and none of these witnesses testified he had signs of intoxication.
The State seeks to rely on a case where the defendant was convicted of vehicular homicide, even though "Many of the persons who arrived on the scene of the accident, including police officers, testified that [the defendant] did not appear to be intoxicated." Dominguez, 482 N.W.2d at 391. In that case, however, the defendant had a blood alcohol level of .136 more than four hours after the accident, which shows beyond a reasonable doubt the defendant was actually intoxicated. See id. Dohlman's blood alcohol level was .036 about three and one-half hours after the accident. The evidence of his intoxication is far less compelling than in Dominguez.
*5 Although the technique of retrograde extrapolation has previously been used in Iowa, see id.; State v. Hubka, 480 N.W.2d 867, 871 (Iowa 1992), in the present case the results were speculative. We note a person's ingestion of food and exposure to extreme cold would have an affect on metabolism. Evidence which merely raises suspicion, speculation, or conjecture is insufficient to support a guilty verdict. State v. Bayles, 551 N.W.2d 600, 608 (Iowa 1996).
After taking into consideration all of the evidence in the record, we determine there is insufficient evidence to find Dohlman was driving while under the influence of an alcoholic beverage at the time of the accident. Because there is insufficient evidence of intoxication, there is also insufficient evidence of recklessness. We determine the district court erred by denying Dohlman's motion for judgment of acquittal. We reverse Dohlman's convictions.
REVERSED.
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