State v. Pressnall

WALTERS, Chief Judge.

This is a DUI case. We are asked to determine whether the trial court properly excluded non-forensic evidence of Pressnall’s blood alcohol concentration, which was offered to impeach the results of the breath test admitted against him. We are also asked to examine whether the court erred in instructing the jury on the scientific acceptability of the intoximeter used to test Pressnall’s breath alcohol content. As explained below, we vacate the judgment of conviction and remand the case for a new trial.

The facts are briefly as follows. In the early morning hours of February…