STATE v. BALDWIN

No. 21,006.

30 P.3d 394 (2001)

130 N.M. 705

2001-NMCA-063

STATE of New Mexico, Plaintiff-Appellee, v. Richard BALDWIN, Defendant-Appellant.

Court of Appeals of New Mexico.

July 19, 2001.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, NM, for Appellee.

LeRoy Duarte, Albuquerque, NM, for Appellant.


OPINION

BOSSON, Chief Judge.

{1} The opinion heretofore filed in this case is withdrawn and the following substituted therefor.

{2} This appeal examines the evidence required to sustain a conviction under the so-called per se section of the driving while under the influence (DWI) statute, NMSA 1978, § 66-8-102(C) (1999). We hold that a blood or breath alcohol test administered over two hours after the time of driving, and yielding only marginal...

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