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RICHMOND — A law to lower the blood alcohol level needed for automatic conviction of drunken drivers is on its way to Gov. Gerald L. Baliles, after passing the Senate on Friday.
Baliles will sign it, because his administration sponsored the bill, which Iffte 'House approved earlier this month by a two-to-one margin.
The law will allow automatic or “per se” conviction of drivers whose blood alcohol level is .10. The level needed for per se conviction now is. . 15, although under current law a. 10 level is presumptive evidence of guilt.
The difference is that a presumption can be rebutted with evidence in court, while the only defense against per se conviction is to challenge the validity of the breath or blood test.
Critics say that doctrine, which the General Assembly adopted in 1984, deprives defendents of due process and their “day in court.”
Sen. Johnny S. Joannou (D
95.5%