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2018 Uncertainty of Measurement On-demand Video

1.00 Standard CLE Credit - The BCA reports an “uncertainty of measurement” calculation or confidence interval for anything it quantifies. The BCA previously reported this for blood and alcohol, but recently began making this information available for breath test results too. such as forensic alcohol tests of blood, breath, or urine. This creates new opportunities and challenges. As an example, defense attorneys argue that someone cannot be convicted with a .08 test result because of “uncertainty of measurement”. Recently, the Court of Appeals in Daniel Patrick Brazil, --- N.W.2d --- (Minn. Ct. App. December 26, 2017) upheld the 3rd Degree DWI conviction where the defendant was convicted with an alcohol concentration of .16. The Court of Appeals held that the breath test result is direct evidence, not circumstantial evidence, and the evidence was sufficient to uphold the conviction. In this webinar, Assistant Minneapolis City Attorney David Bernstein will discuss how the BCA reports uncertainty of measurement in breath test cases and how to address this issue in court, including convincing the fact-finder that “uncertainty of measurement” does not affect your confidence in the reported test result.