§ 3325. Permissive inferences
(a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate, or in actual physical control of a vessel on the waters of this State, the amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood or breath shall give rise to the following permissive inferences or presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood or breath, it shall be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight of alcohol in the person's blood or breath, such fact shall not give rise to any presumption or permissive inference that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time 0.08 percent or more by weight of alcohol in the person's blood or breath, as shown by analysis of the person's blood or breath, it shall be a permissive inference that the person was under the influence of alcohol in violation of section 3323 of this title.
(4) If there was at any time within two hours of the alleged offense, 0.10 percent or more by weight of alcohol in the person's blood or breath as shown by analysis of the person's blood or breath, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3323(a)(2) or (3) of this title.
(b) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood.
(c) The foregoing provisions shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of alcohol, nor shall they be construed as requiring that evidence of the amount of alcohol in the person's blood or breath must be preserved. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 5; 2017, No. 83, § 161(4).)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.