THE REQUIREMENTS THAT ARE NECESSARY TO PROVE A DWI
CONVICTION
To convict a person of driving while
intoxicated the prosecutor must prove beyond a reasonable doubt that the person
operated or intended to operate a motor vehicle, which was operable while (a)
under the influence of intoxicating liquor or under the influence of a
narcotic, hallucinogenic, or habit producing drug, or (b) with an alcohol
concentration of .08% in the person's blood or breath.
The prosecutor can prove that a driver is
guilty of DWI by introducing his BAC results, on field sobriety tests, and
based on the officer’s observations. A careful review of the breath test
results may show that the reported BAC may not be accurate.
The State must prove the following
criteria before the court can rely upon the BAC reading results;
The Breathalyzer equipment was in
proper working order. In other words, that the equipment was periodically
inspected in accordance with accepted procedures and found to be operating
correctly. The Police Officer was properly
certified to administer the test. The test was given correctly in
accordance with official instructions and accepted procedures. The equipment is not radio frequency
interference sensitive. The production of Breath Testing
Instrument Inspection Certificates indicating random sample testing of ampoules
from the same batch used in defendant's test, both before and after the
person's examination.
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