State v. EUMANA-MORANCHEL

*3BALMER, C. J.

This case arises out of defendant’s motion in limine to exclude the testimony of the state’s expert witness in his prosecution for driving under the influence of intoxicants (DUII). The issue presented is whether the state can introduce an expert’s testimony to prove that defendant’s blood alcohol content (BAC) was over the legal limit of .08 percent when a police officer stopped him for driving erratically, even though defendant’s BAC was under the legal limit at the time of his breath test, approximately an hour and a half later. At the pretrial hearing on defendant’s motion,…