Presumption of Intoxication: Expert Testimony
November 23rd, 2015

The evidence must support the permissive inference to authorize instructions on it. Therefore, unless an expert explains how the later tests could be consistent with a BAC of 0.08 percent at the time of defendant’s stop, there may be insufficient evidence to support the instruction. (See People v. Beltran (2007) 157 Cal. App. 4th 235, 243.)


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