STATE v. PRESSNALL

No. 17665.

804 P.2d 936 (1991)

119 Idaho 207

STATE of Idaho, Plaintiff-Respondent, v. Bennie Jo PRESSNALL, Defendant-Appellant.

Court of Appeals of Idaho.

January 3, 1991.


Attorney(s) appearing for the Case

Stanton Rines, Kendrick, for defendant-appellant.

Jim Jones, Atty. Gen., James E. Leuenberger, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

This is a DUI case. We are asked to determine whether the trial court properly excluded non-forensic evidence of Pressnall's blood alcohol concentration, which was offered to impeach the results of the breath test admitted against him. We are also asked to examine whether the court erred in instructing the jury on the scientific acceptability of the intoximeter used to test Pressnall's breath alcohol content. As explained below, we vacate the...

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