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Hamm v. Director of Revenue7/12/2000 d could have been higher than .10 percent. He also qualified his opinion by stating that Driver's BAC was "probably" less than .11 percent.
Based on Rhodes, we hold as a matter of law that the evidence in this case, even viewed most favorably towards Driver, is insufficient to rebut Director's prima facie case on the second element, i.e., the alcohol concentration in Driver's blood was ten-hundredths of one percent or more by weight at the time he was driving.
The judgment is reversed, and the case is remanded to the trial court with a directive to enter judgment affirming Director's revocation of Driver's motor vehicle operator's license.
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