Briggs v. State
465 S.W.3d 24
Ark. Ct. App.2015Background
- Briggs was tried by the Ozark? Actually Arkansas Court of Appeals notes: Briggs was tried by the court and found guilty of DWI-first offense.
- An automobile fire incident occurred at 1:55 a.m. on Aug. 16, 2012; Briggs claimed he was driving the burning car and swerved to miss an animal.
- Trooper Johnson observed Briggs was unsteady, smelled of intoxicants, and believed further DWI testing was indicated.
- Briggs was taken to the Sherwood Police Department for a breathalyzer, and State's Exhibit 1 (rights form) showed Briggs was informed of a second test and indicated a desire for one.
- Briggs requested a second test; the officer provided what the statute requires as reasonable assistance, but Briggs was not provided a second test at the scene and was later taken home.
- The breathalyzer results showed a final reading of .09 (first sample .099, second sample .102); the officer testified he could not explain the rise in such a short period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Intoximeter results after second-test request | Briggs contends the BAC evidence should be excluded due to failure to provide a second test. | Briggs argues Trooper Johnson failed to provide reasonable assistance and thus violated 5-65-204(e). | Reasonable-assistance and substantial compliance supported admission. |
| Sufficiency of evidence for DWI conviction | Evidence insufficient without the breath-test result. | Driving, unsteadiness, odor of intoxicants, and breathalyzer proof support conviction. | Evidence supports conviction; substantial evidence. |
Key Cases Cited
- Ebel v. State, 445 S.W.3d 553 (Ark. App. 2014) (reasonable-assistance and substantial-compliance with 5-65-204(e))
- Watkins v. State, 377 S.W.3d 286 (Ark. App. 2010) (standard for reviewing challenged sufficiency of evidence)