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WILLIAMS v. DISTRICT OF COLUMBIA

No. 87-1160.

558 A.2d 344 (1989)

Preston WILLIAMS, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided May 12, 1989.

Attorney(s) appearing for the Case

Mark Stier, Washington, D.C., appointed by this court, was on the brief, for appellant.

Mary L. Wilson, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellee.

Before NEWMAN, FERREN, and STEADMAN, Associate Judges.

FERREN, Associate Judge:

Appellant was convicted, after a bench trial, of driving while intoxicated. D.C. Code § 40-716(b)(1) (1986). Appellant filed this timely appeal claiming (1) the evidence was insufficient to support his conviction of the per se offense of driving while intoxicated because the government failed to prove that the sample used to test for intoxication contained at least 2,000 cubic centimeters of appellant's breath; (2) the

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