Evidence - Validity of Statutory Presumption of Intoxication from a Finding of 0.15 Percent Concentration of Alcohol in the Blood

Authors

Donald F. Oosterhouse S.Ed., University of Michigan Law SchoolFollow

Abstract

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute creating these presumptions was unconstitutional under the Arizona and Federal Constitutions. Held, conviction affirmed. The presumptions are valid because there is a rational, logical connection between the stated percentage of alcohol in the blood and intoxication. State v. Childress, (Ariz. 1954) 274 P. (2d) 333.

Recommended Citation

Donald F. Oosterhouse S.Ed., Evidence - Validity of Statutory Presumption of Intoxication from a Finding of 0.15 Percent Concentration of Alcohol in the Blood, 53 Mich. L. Rev. 890 (1955).
Available at: https://repository.law.umich.edu/mlr/vol53/iss6/12