California Court of Appeal

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Borger v. Department of Motor Vehicles, B222315

A defense expert's conclusion that there is a margin-of-error inherent in a blood alcohol level (BAC) scientifically measured with an "Intoxilyzer 5000," an approved Department of Motor Vehicles (DMV) breath testing device, may not be used to defeat the legislative determination that a person who drives with a reported blood alcohol concentration (BAC) of .08 or higher will suffer suspension of the privilege to drive. Trial court ruling is reversed where it erred in ruling that the presumptive validity of the BAC test results could be rebutted by testimony that all "Intoxilyzer 5000" results have an inherent margin-of-error and might give a high BAC reading.

Appellate Information

  • Decided 02/17/2011
  • Published 02/17/2011

Judges

  • YEGAN

Court

  • California Court of Appeal

Counsel

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