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Commonwealth v. Mattingly8/16/2002
stitute circumstantial proof impugning the accuracy of the blood and breath-alcohol concentration tests. Since a jury is entitled to draw reasonable inferences from circumstantial evidence, such evidence is relevant because it makes less probable a material element of DUI per se - whether the accused's blood- or breath-alcohol concentration was .10 or higher. Therefore, the circuit court properly set aside the district court's holding excluding the evidence of Mattingly's performance on the field sobriety tests.
Accordingly, the judgment of the Marion Circuit Court is affirmed and this matter is remanded to the Marion District Court for further proceedings consistent with this opinion.
ALL CONCUR.
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