State v. Vick

In State v. Vick, 104 Wis. 2d 678, 312 N.W.2d 489 (1981), the trial court instructed the jury that they could conclude on the basis of the test results alone that Vick was guilty. See Vick, 104 Wis. 2d at 685-86. The jury was not instructed that the BAC results could be used to infer that the results when he was driving would be elevated. In affirming the verdict in Vick, the supreme court determined that the trial court's attenuated instruction was merely a permissive presumption which was not unconstitutional because the state had produced evidence to support a rational connection between the presumption and the ultimate fact. See id. at 694-99.