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STATE v. EIGHTH JUDICIAL DIST. COURT

No. 55918.

267 P.3d 777 (2011)

The STATE of Nevada, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and The Honorable Stefany Ann Miley, District Judge, Respondents, and Bobby Armstrong, Real Party in Interest.

Supreme Court of Nevada.

December 29, 2011.

Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, Carson City; David J. Roger , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and Bruce W. Nelson , Deputy District Attorney, Clark County, for Petitioner.

Daniel J. Albregts, Ltd., and Daniel J. Albregts , Las Vegas; Mueller, Hinds & Associates and Craig A. Mueller and Michael J. Morey , Las Vegas, for Real Party in Interest.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, J.:

In this original writ proceeding, we consider the admissibility of retrograde extrapolation evidence to estimate a defendant's blood alcohol level at a point in time based on a blood sample taken at a later point in time. We conclude that although retrograde extrapolation evidence is relevant in a prosecution for driving under the influence, under certain circumstances such...

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