Curren v. State

TAYLOR, Judge.

The appellant, William Maxwell Curren, was convicted of driving under the influence of alcohol, a violation of § 32-5A-191(a)(1), Code of Alabama 1975. He was sentenced to 12 months in jail and was fined $1,000.

I

The appellant initially argues that the trial court erred in failing to instruct the jury that the presumption of intoxication when an individual’s blood alcohol content level is 0.10% is rebuttable. At the end of the oral instructions to the jury, the appellant objected, stating that the court erred in not instructing the jury that 0.10%, as a presumption of…