Patricia McLean v. John Moran, Sheriff of Clark County, Brian McKay Attorney General of State of Nevada

This appeal questions the constitutionality of Nev.Rev.Stat. § 484.381(1). This statute creates a presumption that individuals with 0.10% or more by weight of alcohol in their blood, as demonstrated by a test, had no less than that amount of alcohol present in their blood at the time of the alleged violation of driving under the influence of alcohol (DUI).

We recognize the tremendous toll of death, injury, and grief caused by those who, under the influence of alcohol or drugs, drive steel juggernauts capable of high speeds and devastating destruction. Nevertheless, the ascertainment of guilt must conform to the requirements of the Fifth Amendment to the Constitution, made applicable to the states by the Fourteenth Amendment, which are at the core of our system of justice. One is presumed innocent until proven guilty beyond a reasonable doubt. We conclude that the manner in which the Nevada statute was applied in this case violates that basic constitutional concept.

FACTS

On December 14, 1986, petitioner Patricia McLean was stopped by a highway patrol trooper because she was driving erratically. The officer noticed that her eyes were bloodshot and that she had an odor of…