State v. Carpenter

Defendant appeals his conviction by a Washington District Court jury of driving under the influence of intoxicating liquor (DUI), arguing that the court committed plain error in charging a permissive inference of intoxication based on a blood-alcohol test taken more than two hours after estimated operation and where the evidence showed that defendant consumed alcohol after operation. Defendant also argues that the court erred by permitting the jury to find defendant guilty of a third or subsequent DUI offense on the basis of a conviction more than fifteen years old. We affirm.

I. Facts

Evidence…