People v. Heineman

This case presents question as to whether in instant aggravated driving under influence prosecution government failed to prove that defendant’s blood-alcohol concentration (BAC) was at or above .08 grams per 100 milliliters of blood, where: (1) government presented no direct evidence of defendant’s whole BAC; (2) government produced evidence that four hours after accident at issue in charged offense defendant’s serum alcohol concentration was 155 mg/dl; and (3) government presented lay testimony from police officer concerning conversion factor in section 1286.40 of Title 20 of Ill. Admin. Code to convert results of defendant’s serum alcohol concentration test into its whole blood equivalent. Appellate Court, in affirming defendant’s conviction, found that admitting officer’s testimony was not abuse of discretion, where officer’s testimony was predicated on his training and familiarity with section 1286.40. (Dissent filed.)