Is a jury permitted to draw an inference that a person whose blood test reveals a blood-alcohol level of at least 0.08 percent had been driving at the time of the collision?

California, United States of America


The following excerpt is from People v. Van Le, G047868 (Cal. App. 2014):

In any event, the permissive inference authorized by Vehicle Code section 23153 is sufficient to support the jury's conclusion in the circumstance of this case. That statute expressly authorizes a jury to draw an inference that a person whose blood test reveals a blood-alcohol level of at least 0.08 percent within three hours of driving also had a level of 0.08 percent or more at the time of driving. (Veh. Code, 23153, subd. (b).) Le relies on People v. Beltran (2007) 157 Cal.App.4th 235 (Beltran) to argue application of the inference is improper in his case, but the circumstances of Beltran are distinguishable.

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