Monder Law Group - News
Calculation of Blood Alcohol Level In a San Diego DUI Case
Establishing the exactitude calculation of blood alcohol level of the amount of alcohol in a sample of urine, you are advised that the law requires that the blood alcohol level should be reported by using a calculation based upon the relationship if the amount of alcohol in 1.3 milliliters of blood equals to the amount of alcohol in 1 milliliter of urine. You are not required to accept the reported blood alcohol level as correct. [You can decide from the expert opinion if the facts are based on before deciding if to accept or reject it.] [When deciding the facts of the opinion based on, you are aware that all evidence admitted during trial was relevant evidence, that no evidence was admitted, you are not allowed to use and none of the evidence should be ignored.]
In People v. Thompson (Appellant), appellant drove under the influence with 0.10 percent or more, by weight, of alcohol in his blood. Appellant claimed that the trial court was incorrect limiting examination of expert witnesses regarding the partition ratios. Appellant did not present evidence at trial showing that there was a mistake in the charge committed. The judgment convicting the appellant was affirmed.
On the other hand, in People v. Lepine (Appellant Defendant), appellant defendant submitted a breath test based on ratio set in the Cal. Code Regs. tit. 17, § 1220.4(f). Cal. Code Regs. tit. 17, § 1220.4(f) states that a breath alcohol concentration must be converted to an equivalent blood alcohol concentration. It must be equivalent by a calculation based on the relationship: the amount of alcohol in 2,100 milliliters of alveolar breath is equivalent to the amount of alcohol in 1 milliliter of blood. Based on the Cal. Code Regs. tit. 17, § 1220.4(f), appellant asserted that her blood alcohol percentage was 0.13. The court upheld the conviction because appellant should have been allowed to offer evidence regarding partition ratio variability.