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STATE v. BIRK

No. A03-1903.

687 N.W.2d 634 (2004)

STATE of Minnesota, Respondent, v. Wendy Ann BIRK, Appellant.

Court of Appeals of Minnesota.

October 5, 2004.

Attorney(s) appearing for the Case

Steven V. Grigsby, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Barry A. Sullivan, William G. Hawkins & Associates, Anoka, MN, for respondent.

Considered and decided by PETERSON, Presiding Judge; STONEBURNER, Judge; and WRIGHT, Judge.

OPINION

WRIGHT, Judge.

Appellant challenges her conviction of third-degree driving while impaired (DWI) (having an alcohol concentration of .10 or more within two hours of driving), arguing that (1) the evidence was insufficient to prove that the Intoxilyzer test was reliable and (2) she faced an unconstitutional presumption of guilt at trial based on the Intoxilyzer test result. We affirm.

FACTS

At approximately 1:00 a.m. on May 13, 2003...

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