Margin Of Error In Blood Test For Alcohol
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butter of most criminal dockets. One of the primary evidentiary tools for these cases is some sort of BAC testing instrument. Like any piece of scientific equipment though there is a margin of error inherent in the testing procedure and http://wclcriminallawbrief.blogspot.com/2013/12/the-breadth-of-admissibility-survey-of.html equipment. This margin of error has been the source of significant litigation across the United States, where defense attorneys have attempted to introduce the testing margin of error as something for the jury to consider when analyzing the BAC test. There is a majority and minority view held by the sister-states concerning the admissibility of blood alcohol test margin of error. The majority view is that margin of error is admissible and can be considered for the weight of margin of the evidence, the credibility of the evidence, or for attacking a statutory presumption of intoxication. The minority view is that the margin of error is inadmissible because the statute already takes it into account or only goes to the validity of the test and not to its evidentiary value. It should be noted though that the following is not a complete survey of all fifty states, because some states do not have as extensive case law on point or margin of error dip into administrative or civil license forfeiture decisions for basing their analysis on BAC testing margin of error. A.The Majority Margin of Error View There are at least eighteen states that find that evidence of margin of error in blood or breath alcohol testing is admissible at trial. Some states have found that the margin of error of a testing device can provide reasonable doubt.[1] Others find that any evidence of a possible margin of error in the testing equipment or procedure is admissible for determining either the weight of the test evidence provided by the prosecution, the credibility of the test evidence, or rebutting statutory presumptions of intoxication. The eighteen states that use the majority view on margin of error are Arizona, California, Florida, Georgia, Hawaii, Kansas, Kentucky, Maine, Michigan, Montana, Nebraska, New York, Ohio, Pennsylvania, Texas, Utah, Vermont, and Washington. Margin of error evidence has been accepted to be a factor towards the weight of testing evidence. The defendant inHammontreeargued that his blood alcohol test results were inadmissible because of the margin of error inherent in the device, but the court was unpersuaded.[2] Some states that allow blood alcohol test margin of error evidence find it admissible to attack statutory presumptions of intoxication. The Arizona Court of Appeals found that because the jury must find beyond a reasonable doubt that the defendant's blood alcohol level exceeded the statutory amount, evidence of any marg