6-1-4. PRESUMPTIONS ARISING FROM CHEMICAL ANALYSIS OF BODY FLUIDS.

In any criminal prosecution for a violation of 6-1-1 relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant’s blood at the time alleged as shown by chemical analysis of the defendant’s blood, breath, or other bodily substance shall give rise to the following presumptions:

  1. If there was, at the time five hundredths percent or less by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.
  2. If there was at the time in excess of five hundredths but less than ten hundredths percent by weight of alcohol in the defendant’s blood, such fact shall not give rise to any presumption the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
  3. If there was at the time ten hundredths percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.

Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeters of whole blood or 2100 cubic centimeters of deep lung breath.

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