State v. Bartolini
In State v. Bartolini, 214 Ariz. 561, 564,10, 155 P.3d 1085 (App. 2007), the Court held that collateral estoppel principles did not preclude the State from introducing BAC results in a DUI retrial following an acquittal. Id. There, the defendant was charged with DUI-impaired and per se DUI. Id. at 563,3.
As evidence, the State introduced BAC results from two breathalyzer tests. Id. at 562,2.
The jury in the initial trial found Bartolini guilty of DUI-impaired and not guilty of per se DUI. Id. at 562,1.
The court thereafter granted a new trial on DUI-impaired, finding evidence regarding the vertical gaze nystagmus test should not have been admitted. Id. at 563,3.