State Ex Rel. McDougall v. Superior Court

OPINION

CLABORNE, Presiding Judge.

The State petitions for special action relief from the superior court’s ruling reversing the conviction of Roy Gurule (“Defendant”) for violating Ariz.Rev.Stat.Ann. (“AR.S.”) section 28-692(A)(2) (Supp.1993), driving under the influence with a blood alcohol concentration of 0.10% or more. This is a consolidated petition in which two issues are raised for our review. The first issue is whether the margin of error evidence regarding the breath testing device brought Defendant’s blood alcohol content (“BAC”) below a 0.10%, entitling Defendant to a judgment of…