Kehl v. Commonwealth

Opinion

ELDER, J.

Michael Kehl appeals from a conviction for operating a motor vehicle while having a blood alcohol concentration (BAC) of at least 0.10 percent in violation of Code § 18.2-266(i). On appeal, he argues that the evidence of his blood alcohol concentration one and one-half hours after the time he was observed driving was insufficient to support the finding that his blood alcohol concentration was at least 0.10 percent at the time the arresting officer observed him driving. We affirm the conviction.

The evidence introduced at trial showed the following: At about 2:00 p.m. on…