Coxe v. State

CAREY, Justice.

This appeal of Charles F. Coxe from his conviction in Superior Court of driving a motor vehicle while under the influence of alcohol challenges the constitutionality of 21 Del.C. § 4176(a), which the appellant alleges provides for a “conclusive presumption of guilt based upon a chemical reading.”

The statute, 21 Del.C. § 4176(a), as amended June 20, 1970, after setting forth the penalty for a first offense and each subsequent like offense, provides in pertinent part:

“ * * * Any person who drives, operates or has in actual physical control a motor vehicle while such person’s…