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Commonwealth v. Johonoson1/26/2004
/18/2002, at 190. Rather, Dr. Foery's testimony was limited to a general discussion of how alcohol could affect a human being. Id. Dr. Foery also answered a few hypothetical questions related to Appellant's defense: namely, the effect of breath fresheners on BAC levels, and the effect of having three beers three hours before driving (as Appellant claimed on the night in question). Id. at 171, 191-200. Ultimately, however, the Commonwealth relied entirely on the permissible inference set forth in § 3731(a.1), and not on expert testimony, to establish Appellant's BAC at the time of driving. Appellant could not have been prejudiced by this series of events. Appellant's final claim fails.
38 Judgment of sentence affirmed.
39 Orie Melvin, J.: Concurs in Result.
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