State v. Thurman
Kansas Court of Appeals
2006 WL 2129225 (2006)
Relevant factsFree
Edward Thurman (defendant) was convicted of DUI based on making an illegal and dangerous U-turn, failing field sobriety tests, and a breath test showing a blood alcohol concentration of 0.078 percent — just under the legal limit of 0.08 percent — taken two hours after his arrest. Thurman appealed his conviction.
IssueFree
Whether a conviction for impaired driving requires evidence that the defendant's blood alcohol concentration exceeded the legal limit, or whether evidence of impairment caused by intoxicants can independently support the conviction.