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LEWIS v. STATE

626 A.2d 1350 (1993)

Edmund P. LEWIS, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 28, 1993.

Rehearing Denied July 28, 1993.

Attorney(s) appearing for the Case

Edward C. Gill (argued), Wolhar & Gill, P.A., Georgetown, for appellant.

Gary A. Myers (argued), and Melanie Withers, Dept. of Justice, Georgetown, for appellee.

Before VEASEY, C.J., HORSEY, MOORE, WALSH, HOLLAND, JJ., Constituting the Court en Banc.

VEASEY, Chief Justice:

In this case, we address primarily the issue of the proper instruction to the jury in a prosecution for driving under the influence of alcohol. We hold that the trial court here erred in its instruction to the jury. In a case where the defendant's blood alcohol concentration ("BAC") is over 0.10 percent by weight as shown by chemical analysis of a sample taken within four hours of the alleged offense...

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