Minix v. State

The majority affirms the conviction for causing death by operating a motor vehicle while intoxicated, but in consideration of double jeopardy prohibitions, orders the trial court to vacate the conviction for causing death by operating a motor vehicle with a BAC of at least .10 percent. I would do precisely the reverse and would affirm the BAC — death conviction and order the driving while intoxicated conviction vacated.

Our cases concerning employment of an alcohol blood test result as prima facie evidence of intoxication are not in harmony. In Warner v. State (1986) Ind.App., 497 N.E.2d 259,…