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Show Drunk Driving Statute Upheld ; SALT LAKE CITY (UPI) - !; The Utah Supreme Court has ! upheld the state's drunk driv- ;' ing statute, saying the law is ;; clear in its intent. ! In a 3-1 decision, the court ; reversed First District Court : ; Judge Venoy Christofferson who ! ruled the law unconstitutional ! because it "failed to require a ; specific intent, or an act which !; implies intent, to violate the ' ; statute. Utah's drunk driving law makes it illegal for a person to operate a motor vehicle when his blood alcohol content is above .10 per cent. It is the lowest alcohol threshold law in the nation. Justice J. Allan Crockett wrote the opinion, with Justices E.R. Callister and A H. Ellett concurring. con-curring. Justice R.L. Tuckett dissentec' and Justice Henri F. Henriod did not participate. Christofferson had ruled that a person could possibly have a illegal blood alcohol content because of medical treatment and therefore may have no intention in-tention of breaking the law. The Justices disagreed, saying "Inherent in its (the law) language is the legislative determination de-termination and declaration that the stated blood content of .10 per cent of alcohol makes it dangerous for a person to operate oper-ate or be in control of a vehicle. "This is one of those situa- ; tions where from the doing of the i : prohibited act one is presumed to '' intend its natural consequences ; ' and it is the intentional doing of ; ' the act prohibited by the law i; which constitutes the offense." li The opinion said the law is !: clear in that the two elements ! necessary to break the law are ;; the blood alcohol level of . 10 per ! cent and the operation of a motor ' I vehicle. ' ', wvmwvwmw |