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STATE v. YBARRA

No. 28,829.

237 P.3d 117 (2010)

2010-NMCA-063

STATE of New Mexico, Plaintiff-Appellant, v. Peter Francisco YBARRA, Defendant-Appellee.

Court of Appeals of New Mexico.

June 3, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Farhan Khan, Assistant Attorney General, Santa Fe, NM, for Appellant.

Kelly O'Connell, Las Cruces, NM, for Appellee.

OPINION

KENNEDY, Judge.

{1} In this DWI case, Defendant consented to a chemical test and provided one sample that resulted in a reported breath alcohol value. Because the officer believed that Defendant may have had physical difficulty completing the breath test, the officer terminated the test, and used the result of the single completed sample to prove Defendant's intoxication. The applicable standard requires that a test subject be "physically...

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