People v. Epstein

This case presents question in driving under influence prosecution whether trial court erred in excluding evidence of defendant’s blood-alcohol concentration (BAC) of 0.107 that was measured four hours after traffic stop, where defendant’s expert provided unrebutted opinion that said test was inherently unreliable because there was no way to determine whether defendant’s BAC was above or below 0.08 when she was pulled over four hours prior to taking BAC test. Appellate Court, in reversing trial court, found that neither absence of extrapolation evidence nor length of delay between stop and BAC test rendered test result unreliable. (Dissent filed.)