California Court of Appeal February 17, 2011, No. B222315 (Borger v. Department of Motor Vehicles)

Opinion

YEGAN, Acting P. J.

Here we hold that 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