BARKER v. COM.

No. 1999-CA-000500-MR.

32 S.W.3d 515 (2000)

Steven G. BARKER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 29, 2000.


Attorney(s) appearing for the Case

R. Mitchell Berryman, Winchester, for Appellant.

A.B. Chandler, III, Attorney General, Todd D. Ferguson, Assistant Attorney General, Frankfort, for Appellee.

Before: BUCKINGHAM, EMBERTON, and SCHRODER, Judges.


OPINION

BUCKINGHAM, Judge.

As the result of an arrest for operating a motor vehicle under the influence of alcohol (DUI), Steven Barker was convicted in the Clark County Circuit Court of DUI, third offense (DUI III), which, by virtue of his blood alcohol level exceeding 0.18, is a Class D felony. KRS1 189A.010(4)(c). Barker argues that the operative statute is unconstitutionally...

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