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1 STATE V. GRANILLO-MACIAS, 2008-NMCA-021, 143 N.M. 455, 176 P.3d 1187 STATE OF NEW MEXICO, Plaintiff-Appellee, v. IVAN GRANILLO-MACIAS, JR., Defendant-Appellant.
Docket No. 26,156 COURT OF APPEALS OF NEW MEXICO 2008-NMCA-021, 143 N.M. 455, 176 P.3d 1187 December 20, 2007, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Mark A. Macaron, District Judge Certiorari Denied, February 1, 2008, No. 30,859. Released for publication February 12, 2008. COUNSEL Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee John Bigelow, Chief Public Defender, Santa Fe, NM, Josephine H. Ford, Assistant Appellate Defender, Albuquerque, NM, for Appellant JUDGES JONATHAN B. SUTIN, Chief Judge. WE CONCUR: CYNTHIA A. FRY, Judge, MICHAEL E. VIGIL, Judge AUTHOR: JONATHAN B. SUTIN OPINION

SUTIN, Chief Judge. {1} The opinion filed in this case on November 1, 2007, is withdrawn and the following opinion is substituted in its place. {2} Defendant Ivan Granillo-Macias, Jr. was convicted of driving while intoxicated (DWI) in a metropolitan court bench trial. In an on-the-record appeal from the trial court conviction, the district court affirmed. On appeal to this Court, Defendant asserts that (1) there was insufficient probable cause to arrest him, (2) the metropolitan court (the trial court) erred in admitting the breath test results, (3) he was denied his confrontation right, and (4) if admission of the breath test results was not prejudicial or was harmless error, the evidence was insufficient to prove impairment beyond a reasonable doubt. We affirm. BACKGROUND {3} Defendant was stopped at a sobriety checkpoint around 2:40 a.m. The officer smelled an odor of alcohol that appeared to be coming from Defendant. According to the officer, Defendant

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