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State v. Machmuller6/27/2001
South Dakota Supreme Court Appeal from the Circuit Court of The First Judicial Circuit Yankton County, South Dakota Hon. Arthur L. Rusch, Judge
Considered on Briefs March 19, 2001
Opinion Filed 6/27/2001
[ .] In this appeal we hold that the magistrate court erred in excluding the South Dakota Driver's License Manual as evidence and in failing to allow a doctor to testify as an expert witness.
FACTS
[ .] Brian Machmuller was convicted by a magistrate court jury for second offense driving under the influence of alcohol (DUI). He appealed to the circuit court which affirmed the conviction. We reverse and remand.
[ .] At approximately 5:40 p.m. on the afternoon of May 12, 1999, a Yankton police officer saw a pickup pull out of a gas station parking lot in front of an on-coming vehicle. The pickup's failure to yield nearly caused an accident and the officer turned his patrol car around and pursued the vehicle for a time before bringing it to a stop at Machmuller's residence. After the stop, the officer approached the driver, later identified as Machmuller, and asked him for his driver's license, registration and proof of insurance. After examining the documents, the officer asked Machmuller to accompany him to his patrol car. On their way to the car, the officer noted Machmuller's unsteady gait and, once seated in the vehicle, he also noted the "strong odor" of an alcoholic beverage on Machmuller's breath.
[ .] When asked by the officer if he had been drinking, Machmuller replied that he had had three or four cocktails after work. The officer also observed other indicia of intoxication in Machmuller's manner and appearance including bloodshot and watery eyes and slurred speech. The officer then had him perform a series of field sobriety tests which he failed.
[ .] Based upon his observations, coupled with Machmuller's admissions and the results of the field sobriety tests, the officer formed the opinion that Machmuller had been driving under the influence of an alcoholic beverage and placed him under arrest. He read Machmuller the implied consent warnings contained in SDCL 32-23-10 and Machmuller refused to submit to a blood test. Machmuller was later indicted for one count of DUI. See SDCL 32-23-1(2). A part two information was also filed charging him with second offense DUI.
[ .] A jury trial was held before Magistrate Judge Bruce Anderson. During trial, the prosecution presented testimony from the arresting officer concerning his observations of Machmuller on the afternoon of the arrest. The officer also testified that, based upon his observations, he formed the opinion that Machmuller had been driving while under the influence of an alcoholic beverage. During the defense portion of the case, Machmuller's counsel presented testimony from several witnesses concerning the number of drinks Machmuller consumed after work on the afternoon of his arrest. His counsel also offered a South Dakota Driver's License Manual into evidence. The manual contained a chart projecting blood alcohol levels based upon weight, number of drinks consumed and rates of alcohol absorption over various periods of time. In addition, his counsel offered testimony from a doctor of internal medicine concerning Machmuller's estimated blood-alcohol content at the time of his arrest based upon the number of drinks consumed and the chart contained in the driver's license manual. The magistrate court excluded the manual and also the testimony of the doctor finding that he was not qualified to testify as an expert in the matter.
[ .] The jury returned a verdict finding Machmuller guilty of DUI and he admitted the allega
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