State of Arizona v. Cooperman

VÁSQUEZ, Presiding Judge.

¶ 1 In Guthrie v. Jones, 202 Ariz. 273, ¶ 2, 43 P.3d 601, 602 (App.2002), this court held that evidence regarding breath-to-blood partition ratios 1 is inadmissible in a prosecution for di’iving or being in actual physical control of a vehicle with an alcohol concentration of .08 or more within two hours of driving, in violation of A.R.S. § 28-1381(A)(2). However, we also held that when the state uses breath-test results to establish a presumption of intoxication in a prosecution for driving under the influence of an intoxicant (DUI) while impaired to the slightest…