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Karlson v. State9/6/2000
t least .10 percent blood-alcohol or the equivalent .10 grams of alcohol per 210 liters of breath. The fact that the driver's true blood-alcohol or breath-alcohol level may be slightly lower (due to the Intoximeter's acknowledged margin of error) is no longer relevant to the driver's guilt under AS 28.35.030(a)(2).
In short, excluding evidence of a testing instrument's margin of error (or working tolerance) does not violate due process because the legislature changed the law; the instrument's margin of error or working tolerance is no longer relevant to the driver's guilt under AS 28.35.030(a)(2).
Accordingly, we conclude that AS 28.40.060 does not violate Karlson's due process rights.
The conviction is AFFIRMED.
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