People v. Lepine

Opinion

BENKE, J.

The issue before us is whether in a prosecution for driving a vehicle with a blood alcohol level of 0.10 percent or greater (Veh. Code, 1 § 23152, subd. (b)), the partition or conversion ratio defined by the California Code of Regulations for converting a breath alcohol percentage to a blood alcohol percentage may only be rebutted by the defense demonstrating the defendant had a partition ratio different than that presumed by the code. We conclude the defense is not so restricted and hold general evidence may be offered concerning partition ratio variability.

I

Background

Section…