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State v. Dahood4/8/1999
oncentration." Even if we accept the State's position, we hold that Dr. Novak's Conclusion that the defendant's BAC ranged between .08 and .12 is unreliable. See N.H. R. Ev. 702.
In Wheeler, we held that the use of a mathematical formula to calculate a person's estimated BAC was admissible. Wheeler, 120 N.H. at 497-98, 416 A.2d at 1385-86. In urging us to uphold the formula used by Dr. Novak, the State relies upon Wheeler and argues that " he formula is . . . the foundation for the `widely used wallet-sized mathematical chart . . . that relates the number of drinks consumed to body weight and gives the probable BAC to two decimal places.'" In order for the Wheeler calculation to be reliable and therefore admissible, however, we require that the following data be factored into the equation: known or reasonably inferred time of alcohol consumption; known body weight; the amount of alcohol ingested; and the burn-off rate. See id. at 497-99, 416 A.2d at 1385-86. In the present case, Dr. Novak lacked evidence as to when the defendant consumed the beers or circumstantial evidence from which to draw a reasonable inference as to the time period of consumption. As timing of alcohol consumption is a prerequisite to the admissibility of the Wheeler formula to calculate BAC, we conclude that the trial court abused its discretion in permitting Dr. Novak to testify to the defendant's estimated BAC at the time of arrest. Aside from these requisite factors, any other unknown data or assumptions are "a matter of defense which affect the weight of the evidence but not determine its admissibility." State v. Arsenault, 115 N.H. 109, 111, 336 A.2d 244, 246 (1975).
We further conclude that the defendant was prejudiced by the expert's testimony that the defendant's BAC was approximately .10, coupled with his testimony that .08 is the legal limit in this State. Indeed, the State conceded at oral argument that Dr. Novak's testimony helped the State prove its case. Because this issue is dispositive, we need not address the defendant's remaining arguments. See State v. Emanuel, 139 N.H. 57, 58, 649 A.2d 53, 55 (1994).
Reversed and remanded.
All concurred.
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