Admissibility of blood alcohol content evidence.
Evidence of the blood alcohol content test results of an individual involved in a motor vehicle accident is not admissible at trial absent evidence of additional conduct of the individual suggesting intoxication. The lack of any corroborating objective indicia of drunkenness does not establish a degree of intoxication such that the individual is unfit to drive. Therefore, the mere fact of drinking alcohol is unfairly prejudicial.
Case Law Alerts, 2nd Quarter, April 2017
Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.