State Ex Rel. McDougall v. Riddel

OPINION

EUBANK, Judge.

The state petitioned for special action relief from the superior court’s ruling reversing the conviction of William Charles Stahlbush (defendant) for violating A.R.S. § 28-692(A), driving while under the influence of intoxicating liquor.1 The petition presents one issue: Does Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261 (1989), prevent the state from introducing expert testimony concerning the amount of alcohol, as reflected by the number of drinks, in a defendant’s system? By order, we accepted jurisdiction and granted relief, reversing the superior court’s…