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STATE v. MILLS

No. 21979.

913 P.2d 1196 (1996)

128 Idaho 426

STATE of Idaho, Plaintiff-Appellant, v. Robert MILLS, Defendant-Respondent.

Court of Appeals of Idaho.

April 1, 1996.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General, Boise, argued, for appellant.

Westberg, McCabe & Collins, Chtd., Boise, for respondent. Thomas J. McCabe, Boise, argued.

Before WALTERS, C.J., LANSING, J., and SWANSTROM, J. Pro Tem.

PER CURIAM.

In August of 1993, Robert Mills was arrested and charged with driving under the influence of alcohol (DUI) pursuant to I.C. § 18-8004. After his arrest, Mills submitted to a breath testing procedure whereby two breath samples were taken to measure his blood alcohol concentration (BAC) level. The BAC level was 0.10 for the first sample and 0.09 for the second sample. Before trial, Mills moved to dismiss the...

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