State v. Superior Court (Hobson)
In State v. Superior Court (Hobson), 150 Ariz. 18, 721 P.2d 676 (App. 1986), the defendant was charged with both DUI-impaired and per se DUI.
At the first trial, the jury acquitted on DUI-impaired but failed to reach a verdict on per se DUI. Id. at 19, 721 P.2d at 677.
On appeal following the retrial on the per se DUI charge, the court affirmed the exclusion of certain impairment evidence.
For the following reasons, however, Hobson does not support Bartolini's position here.
First, even though Hobson affirmed the exclusion of the impairment evidence in the retrial on the per se DUI charge, the converse does not follow.
Evidence of BAC test results may in fact be probative regarding impairment.
Second, the decision in Hobson was based primarily on the State's failure to provide a transcript of the proceedings below. Id. at 20-21, 721 P.2d at 678-79 .