Section 64 Maintenance Report High Readings and Simulator Solution Error Rates

• Library: DWI Experts and the Science of Chemical Tests 2014

In State ex rel. Director of Revenue, State of Missouri v. Conklin, 997 S.W.2d 121, 124 (Mo. App. S.D. 1999), the appellate court agreed with the MoDOR Director’s claim that, even if the machine was testing 0.002% too high, based on the calibration check’s highest result of 0.0102% and the simulator solution’s alcohol value of 0.003%, which was too high but within its variance, this total possible variance of 0.005% did not lower the driver’s BrAC (breath alcohol content) of 0.108% to below the legal limit...