Cv-12-0319-Pr State of Arizona v. Joseph Cooperman

Chief Justice BERCH,

opinion of the Court.

¶ 1 This case addresses (a) whether partition ratio evidence is admissible in a prosecution for driving while impaired in violation of A.R.S. § 28-1381(A)(l) if the state elects to introduce breath test results only to prove that the defendant had “an alcohol concentration of 0.08 or more within two hours of driving” in violation of AR.S. § 28-1381(A)(2), and (b) whether evidence relating to the variability of partition ratios in the general population is relevant to a particular defendant’s state of impairment. We conclude that such evidence is…