Attorney Mullen established, through cross examination of the State’s own expert witness during the jury trial, the defendant’s blood alcohol level was between .05 and .07. Through a chronological “walk-through” of when each alcoholic beverage was consumed, the exact volume of each drink and other important factors necessary for the expert to form a calculated blood alcohol level estimate, Attorney Mullen got into evidence an expert witness opinion showing when the defendant was operating the vehicle, he/she did not have a prohibited blood alcohol level in his/her system. Even though the official blood alcohol results showed a prohibited blood alcohol level, it was established such a level was obtained only AFTER the defendant ceased operating the vehicle.
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