Hayden v. Commonwealth

WEST, Judge.

Discretionary review was granted from orders of the Fayette Circuit Court and the Daviess Circuit Court which had affirmed convictions of Morton Hayden and William H. Clark for driving under the influence of alcohol (KRS 189A.010). We have consolidated the appeals because the basic question in both cases is whether impaired driving or impaired driving ability must be proven to sustain a conviction for a violation of KRS 189A.010 when the substance involved is alcohol. Or, stated in the affirmative: What elements must the Commonwealth prove beyond a reasonable doubt when an…