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WASHINGTON v. DISTRICT OF COLUMBIA

No. 86-1638.

538 A.2d 1151 (1988)

Charles W. WASHINGTON, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided March 15, 1988.

Attorney(s) appearing for the Case

Sidney R. Bixler, Washington, D.C., appointed by the court, for appellant.

Mary L. Wilson, Asst. Corp. Counsel, with whom Frederick D. Cook, Jr., Acting Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellee.

Before NEWMAN and BELSON, Associate Judges, and GALLAGHER, Senior Judge.

BELSON, Associate Judge:

In this case of first impression, appellant challenges his conviction for driving while intoxicated. D.C. Code § 40-716(b)(1) (1986). This court has not previously had occasion to address the so-called "per se" provision of § 40-716(b)(1), which classifies as "intoxicated" a person who drives a vehicle while his or her blood contains at least .10 percent, by weight, of alcohol. Appellant raises two issues on appeal. First, he contends...

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