State v. Hallfielder

Court of Appeals of Minnesota

State v. Hallfielder

375 N.W.2d 571, 1985 Minn. App. LEXIS 4658

CourtCourt of Appeals of Minnesota

DecidedOctober 29, 1985

DocketNo. C6-85-1396

StatusPublished

Cited by1 cases

This text of 375 N.W.2d 571 (State v. Hallfielder) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hallfielder, 375 N.W.2d 571, 1985 Minn. App. LEXIS 4658 (Mich. Ct. App. 1985).

Pincite

Opinion

OPINION

WOZNIAK, Judge.

This is an appeal by the State of Minnesota from a pretrial order preventing the State from charging respondent Jack Hall-fielder with driving with an alcohol concentration of 0.10 or more. We affirm.

FACTS

Duluth police officers arrested Hallfielder for D.W.I. The intoxilyzer test for alcohol concentration resulted in one adequate sample of .216 and one deficient sample of .207. Hallfielder brought a motion seeking to preclude the State from proving at trial, through the use of the partial test, that he had violated Minn.Stat. § 169.121, subd. 1(d) (1984), by driving with an alcohol concentration of 0.10 or more.

[572]*572ISSUE

May a partial intoxilyzer test be used to prove a violation of Minn.Stat. § 169.121, subd. 1(d) (1984)?

ANALYSIS

Minn.Stat. § 169.121, subd. 1(d) (1984) provides that it is a misdemeanor for a person to drive with an alcohol concentration of 0.10 or more. Minn.Stat. § 169.123 (1984) requires two adequate breath samples for a valid intoxilyzer test. Id. at subd. 2b(a); Godderz v. Commissioner of Public Safety, 369 N.W.2d 606, 607 (Minn.Ct.App.1985). In Godderz, we stated that a partial test cannot be used in a criminal D.W.I. prosecution to establish an alcohol concentration of 0.10 or more. Id.

Appellant essentially requests us to reconsider that decision. We decline to do so. While § 169.121, subd. 2 does allow the use of a partial test to prove that someone is under the influence, Minn.Stat. § 169.121, subd. 1(a), it does not provide that a partial test can be used to establish 0.10 or more, id., subd. 1(d).

DECISION

The trial court did not err in precluding the State from using a partial intoxilyzer test to prove a violation of Minn.Stat. § 169.121, subd. 1(d). Respondent is awarded $750.00 in attorney’s fees for this appeal pursuant to Minn.R.Crim.P. 28.04, subd. 2(6).

Affirmed.

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