Statutory Presumptions Applicable to DWI Offenses
Statutory Presumptions Applicable to DWI Offenses
The Implied Consent Act sets forth several presumptions based on a driver’s alcohol concentration level. A “presumption” is defined as being “an assumption of fact that the law requires to be made from another fact or group of facts….” Black’s Law Dictionary, 5th Edition. A presumption works in the following manner: if certain facts are presented to the court, it must then assume the existence of other facts resulting from them.
The Implied Consent Act, in §66-8-110(B), provides the following presumptions:
- Alcohol level of less than .04: It shall be presumed that the person was not under the influence of intoxicating liquor.
- Alcohol level of at least .04 but less than .08: No presumption shall be made that the person either was or was not under the influence of intoxicating liquor, unless the person was driving a commercial motor vehicle. However, the amount of alcohol in the person's system may be considered with other relevant evidence in determining whether the person was under the influence of intoxicating liquor.
- Alcohol level of .04 or more and the person was driving a commercial vehicle: It shall be presumed that the person was under the influence of intoxicating liquor.
The first two presumptions can be overcome by the prosecution in its efforts to prove its case beyond a reasonable doubt. Specifically, those presumptions can be overcome through the introduction of competent (relevant, believable, persuasive) evidence relating to whether the motorist was under the influence of intoxicating liquor. §66-8-102. For example, that evidence may include the signs of intoxication the driver exhibited, the manner in which the driver was observed operating his or her vehicle, any admissions made by the driver to alcohol consumption and performance on Field Sobriety Tests. As with all criminal offenses, evidence that is relevant to the elements of an offense can be admitted and considered in accordance with the Rules of Evidence