The State expert provided the opinion that the defendant's readings of .09 at 4:27 A.M. and 4:30 A.M. enabled projections of higher amounts of .10 percent to .14 percent as of 2:15 A.M. and inferably higher amounts two and one-half hours earlier, at the time of the events on Symphony Road. However, the expert never explained the fundamental connection between the amounts of blood alcohol content and the punishable condition of impairment: the diminished capacity to operate a motor vehicle safely. The appeals court went on to state:
"The omission of that explanatory connection, in the words of the Colturi decision, left the jury "to guess at [the] meaning" of the breathalyzer measurements. (citation) Consequently, in the absence of the per se theory instruction and of an impairment theory expert opinion, proof of the elements of operating under the influence was deficient."The appeals court therefore reversed the conviction for OUI outright.
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