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GARCIA v. DIST. COURT, 21ST JUD. DIST.

Nos. C-1504, C-1551.

589 P.2d 924 (1979)

Andrew Joe GARCIA, Petitioner, v. The DISTRICT COURT, 21ST JUDICIAL DISTRICT, Honorable William M. Ela, and County Court, 21st Judicial District, Honorable Harold P. Moss, Respondents. Kenneth Ray FELAND, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing February 20, 1979.

Attorney(s) appearing for the Case

Dufford, Waldeck & Williams, Laird T. Milburn, Grand Junction, for petitioner in No. C-1551.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for respondents in No. C-1551.

Anderson & Carey, P. C., Robert L. Malman, Littleton, for petitioner in No. 1504.

Nolan L. Brown, Dist. Atty., Frederick B. Skillern, Deputy Dist. Atty., Golden, for respondent in No. C-1504.

ERICKSON, Justice.

The defendant Andrew Joe Garcia and the defendant Kenneth Ray Feland have both asserted that the present procedures used in conducting breath tests to determine blood alcohol percentage in a drunk driving prosecution deprives them of the opportunity to test the accuracy and validity of the procedure. Determination that a person had a blood alcohol content of .10 percent creates a presumption that he was operating a vehicle while under the influence...

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