Expert witness

Inherent in a blood test is a 5% margin of error according to the prosecutor’s own expert witness. However, our expert will testify that there is a 10% margin of error in the instrument. This means the BAC can be 10% higher, lower, or anywhere in between the reported value. The prosecutor has the burden of proving the case beyond a reasonable doubt. Thus, the defendant gets the benefit of the doubt that the reading is 10% lower.