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Testimony Given over BAC Breath Test Machine

February 17, 2011

 

Testimony that blood alcohol content (BAC) breath test machine results had an inherent margin-of-error and might give a high BAC reading did not rebut presumptive validity of the test results in license suspension action following motorist's arrest for driving under the influence, absent any evidence that officers failed to comply with statutory and regulatory standards.

 

Borger v. Department of Motor Vehicles, 192 Cal.App.4th 1118, 121 Cal.Rptr.3d 816, Cal.App. 2 Dist.,2011.