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State v. Brown7/23/1991
1990). Again, these cases relied on the absence of the language contained in A.R.S. § 28-692 that required the reading of .10 or more be at "the time of the alleged offense." The statutes defining "recklessly" and "manslaughter" do not contain this restriction.
We conclude that the state's failure to produce relation back evidence in a prosecution for reckless manslaughter does not affect the admissibility of a BAC reading obtained within a reasonable time after arrest. Absent relation back evidence, the defendant would have ample opportunity to discredit the prosecution's evidence of intoxication. Thus, the absence of relation back evidence in the state's case affects the weight the fact-finder might place on the BAC reading, but not its admissibility.
The superior court's ruling is reversed.
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