Patricia McLean v. John Moran, Sheriff of Clark County, Brian McKay Attorney General of State of Nevada

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that, although McLean had a BAC of 0.16% thirty to forty-five minutes after being pulled over, it was possible McLean’s BAC was less than 0.10% while driving
• “Most experts agree that it ordinarily takes forty-five to ninety minutes to attain a peak BAC level on an empty stomach, and two to three hours if alcohol is consumed with or after a meal . . . .”
• where prosecution rests entirely on statutory presumption that postdriving BAC is not less than BAC at time of driving, the correlation between one’s BAC at the time of arrest and the time of the test may fail “ ‘beyond a reasonable doubt’ standard”
• discussing the Supreme Court’s disfavor of such presumptions

Source: CourtListener parenthetical corpus (CC0).