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BORGER v. DEPARTMENT OF MOTOR VEHICLES

No. B222315.

192 Cal.App.4th 1118 (2011)

STEVEN BORGER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

February 17, 2011.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , Attorney General, Alicia M. B. Fowler and Pamela C. Hamanaka , Assistant Attorneys General, Celine M. Cooper and Dana T. Cartozian , Deputy Attorneys General, for Defendant and Appellant.

Wilson & Wilson and Denton J. Wilson for Plaintiff and Respondent.

OPINION

YEGAN, Acting P. J.—

Here we hold that a defense expert's conclusion that there is a margin of error inherent in a blood-alcohol level (BAC) scientifically measured with an "Intoxilyzer 5000," an approved Department of Motor Vehicles (DMV) breath testing device, may not be used to defeat the legislative determination that a person who drives with a reported blood-alcohol concentration (BAC) of 0.08 percent or higher will suffer...

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