Disbro v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, David A. Disbro (Disbro), appeals his conviction for operating a vehicle with a blood alcohol content of .08% or more, a Class C misdemeanor, Ind.Code § 9-30-5-l(a).

We affirm.

ISSUES

Disbro raises two issues on appeal, which we restate ás follows:

1. Whether the statutory presumption concerning blood alcohol content level found in I.C. § 9-30-6-15 survives the introduction of evidence which may rebut it; and

2. Whether the evidence is sufficient to sustain Disbro’s conviction.

FACTS AND PROCEDURAL HISTORY

On or about November 24, 2001,…