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Home / Opinion Digests / Criminal – DUI – Breathalyzer Measurement – Margin Of Error (access required)

Criminal – DUI – Breathalyzer Measurement – Margin Of Error (access required)

Although defendant, who had a BAC of .10 percent one hour after being arrested for DUI, presented expert testimony on the margin of error of blood and breath alcohol concentration and testing, this evidence did not rebut the statutory presumption under Code § 18.2-266(i). Proof that an inherent margin of error exists in breathalyzer tests ...

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