Lewis v. State

VEASEY, Chief Justice:

In this case, we address primarily the issue of the proper instruction to the jury in a prosecution for driving under the influence of alcohol. We hold that the trial court here erred in its instruction to the jury. In a case where the defendant’s blood alcohol concentration (“BAC”) is over 0.10 percent by weight as shown by chemical analysis of a sample taken within four hours of the alleged offense, 21 Del.C. § 4177(b) states that the defendant “shall be guilty” of violating 21 Del. C. § 4177(a). The jury should be so instructed (as the trial court did here), but the…