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BOTKIN v. COM.

No. 92-SC-657-DG.

890 S.W.2d 292 (1994)

Jerry Wayne BOTKIN and Winston Brent Storey, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

December 22, 1994.

Attorney(s) appearing for the Case

Charles W. Rolph, Flemingsburg, for appellants.

Chris Gorman, Atty. Gen., Carol C. Ullerich, Asst. Atty. Gen., Frankfort, for appellee.

LEIBSON, Justice.

Both Botkin and Storey were convicted in Fleming District Court of violating KRS 189A.010(1)(a) by operating a motor vehicle when their blood alcohol content was "0.10 or more." This is the new per se subsection added to the driving under the influence statute, KRS 189A.010(1), effective July 1, 1991. Previously, KRS 189A.010(1) required proof the defendant was driving "under the influence of alcohol or any other substance which may impair...

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