Thompson v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Rodney J. Thompson appeals his convietion for operating a vehicle with a ten-hundredths percent (10%) blood aleohol content (BAC), a class C misdemeanor. 1

We affirm.

ISSUES

1. Whether the statutory presumption concerning blood alcohol content found in Ind.Code 9-80-6-15 survives the introduction of evidence which may rebut it?

2. Whether the evidence is sufficient to sustain Thompson's conviction?

FACTS

At 7:80 p.m. on December 4, 1998, Thompson went to Hawk's Bar and Grill in Mt. Vernon, Indiana. While there, he consumed five alcoholic beverages, the last…