CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Criminal Presumptions-Burden of Proof
.........Driving Under Influence
7 Cards On This Topic:

Presumptions re whether person driving under influence of alcohol.

Although P rebutted the presumption of BAC test reliability based on proper blood draw, other evidence introduced at the hearing established the reliability of the manner of collection.

Presumption satisfies due process because of long recognized and scientific relationship between blood alcohol level and degree of intoxication.

Presumption not unconstitutional; rational connection exists between fact proved and fact presumed.

D's conduct before and after accident rebutted presumption that he was not DUI with BAL of .05%.

VC §23155 presumption, that person is not under influence if BAL is less than .05% or less at time of test, is rebuttable.

License suspension affirmed where P failed to rebut chemical test presumption she was driving with excessive blood alcohol level.