840 N.W.2d 680
S.D.2013Background
- Officer Campbell stopped Yuel for an improper left turn at a construction site; vehicle contained unopened and open beer containers.
- Officer Treadway conducted a DUI investigation; Yuel was arrested after field sobriety tests including HGN.
- Blood test showed BAC over 0.08% at 7:06 p.m., about 40 minutes after the stop, with an estimated BAC of 0.109% at the stop.
- Yuel was charged with DUI and related offenses; he pled not guilty and opted for a jury trial.
- At trial, the State admitted Officer Treadway’s HGN testimony; Yuel challenged its admissibility and later moved for judgment of acquittal.
- The jury found Yuel guilty of DUI and driving with 0.08% BAC, leading to appellate review of HGN evidence and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HGN testimony is admissible under Daubert. | Yuel contends Treadway lacked scientific foundation. | State relied on Hullinger and officer training to admit HGN evidence. | Harmless error; conviction upheld. |
| Whether there was sufficient evidence to support the BAC and impairment verdict. | Yuel argues unreliable calculations and lack of impairment indicators. | Evidence including beer, odor, eyes, tests, and BAC supports guilt. | Sufficient evidence; judgment of acquittal denied. |
Key Cases Cited
- Hullinger, 2002 S.D. 83 (2002) (HGN admissibility and testing foundation; some limits on BAC testimony; training required)
- Hofer, 512 N.W.2d 482 (S.D. 1994) (Daubert standard adopted in SD for expert reliability)
- Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) (Daubert standard for admissibility of expert testimony)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (Daubert standard applied to non-scientist experts; reliability of methods)