Supreme Court upholds conviction in DUI case

Published 5:09 pm Friday, November 30, 2007

The Mississippi Supreme Court on Thursday upheld Mark Allen Debrow’s life sentence for a third drunken driving conviction.

Debrow was convicted in Forrest County in 2005 as a habitual offender.

One of Debrow’s prior convictions was in the 1990s, when he was convicted of aggravated assault after hitting someone while driving drunk, records show.

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According to the court record, Petal police stopped Debrow after he tried to avoid a roadblock and Debrow’s blood alcohol content was above the legal limit of 0.08 percent. A later blood test showed DeBrow’s BAC was three times the legal limit, according to the court record.

On appeal, Debrow said the BAC results should not have been allowed in evidence.

Presiding Justice Oliver Diaz Jr., writing for the court, said the Supreme Court has ruled in other cases that defendants are entitled to require the individual responsible for scientific testing to appear and testify in person.

In Debrow’s case, Diaz said an expert from the testing lab testified in the case about scientific testing but not specifically testify about the testing of Debrow’s blood.

However, Diaz said while the trial judge erred in that respect, the evidence against Debrow was overwhelming.