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State v. Aud1/23/2003
reted to permit a defendant's expert testimony to show that a defendant's actual blood-alcohol content may differ from the statutory blood-alcohol measurement proved by the State. The trial court's expressed concern was that, if Mr. Aud prevails on appeal, more and more experts will be employed to offer drivers charged with DWI a defense that was not heretofore provided or recognized. Because the interpretation of this State's DWI laws will clearly have widespread ramifications and this court's holding would be important to the correct and uniform administration of our DWI statute, this court should take this on review instead of dodging a very difficult, controversial issue.
Imber, J., joins this dissent.
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