Commonwealth v. Mattingly

OPINION

KNOPF, Judge.

The Commonwealth brings this matter on discretionary review from an opinion and order of the Marion Circuit Court which set aside a conditional guilty plea entered by Joseph Corey Mattingly to the charge of driving under the influence (DUI), first offense. 1 The Commonwealth asserts that when it elects to prosecute a DUI charge under KRS 189A.010(l)(a), a defendant may not present any evidence attempting to prove that he or she was not under the influence of alcohol. Rather, the Commonwealth contends that the defendant’s blood- or breath-alcohol concentration is the…