State v. Conner

OXBERGER, Chief Judge.

The defendant has challenged the constitutionality of the statute prohibiting operating a motor vehicle while under the influence of alcohol, contending that a portion of the statute creates an improper irrebuttable presumption. We affirm his conviction and hold the statute is constitutional.

A jury found the defendant, Daniel Conner, guilty of violating section 321.281(l)(b) of the Code by operating a motor vehicle on December 3, 1983, while having a blood alcohol content in excess of .13. The pertinent statute provides that it is violated in one of two ways:

1. A person…