DUI Presumption of Innocence or Guilt?

Posted by Steve Eversole | Sep 04, 2007 | 0 Comments

Contrary to modern assumptions, evidence of a blood alcohol content of .10% or greater does not create a presumption of guilt that you were under the influence of alcohol at the time of the offense.  Instead, evidence of .10% alcohol creates a rebuttable presumption that the measurement accurately reflects the blood alcohol concentration at the time of driving, but does not create a presumption of guilt, because the state must prove beyond a reasonable doubtthat the defendant was driving or operating a motor vehicle with a blood alcohol concentration of 0.10%. Curren v. State, 620 So.2d 739 (Ala.1993), on remand 620 So.2d 745.

Therefore, it is still possible to contest your Alabama Driving Under the Influence charge even if you blow greater than .10%. 

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Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...


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