San Diego Law Review

Library of Congress Authority File


Document Type



This Article explores the state statutes that create a presumption that a person is intoxicated if his blood alcohol concentration is greater than a specified percentage, usually that of 0.10 percent. The author examines the validity of these presumptions in light of recent Supreme Court decisions on the constitutionality of presumptions, with special focus on the Court's decisions in County Court of Ulster County v. Allen and Sandstrom v. Montana. He examines these decisions, and outlines the standards established by these cases. He then applies these standards to four types of presumptions and inferences that have been created via statute. The author concludes that, under the new standards, many of these statutory presumptions and inferences are unconstitutional.

Included in

Law Commons