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Davis v. Commonwealth6/6/1989
86-87 ("any evidence relevant to whether the [subsequent] reading accurately reflected the defendant's blood alcohol level at [the time he was driving] was not only admissible, but indispensable to the... case").
Of course, evidence concerning the symptoms of intoxication must be treated with care in a prosecution for driving with .10% or more alcohol in the blood. Prejudice to the defendant would result if the jury was unclear about the offense charged, and confused the .10% offense with driving under the influence . The trial court's scrupulous instruction on the elements of the offense [must safeguard]... against any such prejudice in the trial....
Rollins, 141 Vt. at 110, 444 A.2d at 887.
Thus, although I would reverse the conviction and remand for a new trial, I would not read into the statute a presumption and, thereby, relieve the Commonwealth of its burden to bring forth evidence to prove the requisite facts beyond a reasonable doubt.
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