LD 1600
pg. 78
Page 77 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 79 of 360
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LR 2121
Item 1

 
Test results may not be excluded as evidence in any proceeding
before any administrative officer or court of this State as a
result of the failure of the law enforcement officer to comply with
these prerequisites.__The only effects of the failure of the
officer to comply with the prerequisites are as provided in
subsection 7.

 
3.__Results of test.__Upon the request of the person who
submits to a chemical test or tests at the request of a law
enforcement officer, full information concerning the test or
tests must be made available to that person or that person's
attorney by the law enforcement officer.

 
4.__Blood-alcohol level.__The following percentages by weight
of alcohol in the defendant's blood have the following
evidentiary effect.

 
A.__If there was, at the time alleged, 0.05% or less by
weight of alcohol in the blood of a defendant who was 21
years of age or older at the time of arrest, it is prima
facie evidence that the defendant was not under the
influence of intoxicating liquor.

 
B.__If there was, at the time alleged, in excess of 0.05%
but less than 0.08% by weight of alcohol in the blood of a
defendant who was 21 years of age or older at the time of
the arrest, it is relevant evidence, but it is not to be
given prima facie effect in indicating whether or not the
defendant was under the influence of intoxicating liquor
within the meaning of this section, but that fact may be
considered with other competent evidence in determining
whether or not the defendant was under the influence of
intoxicating liquor.

 
C.__For purposes of evidence in proceedings other than those
arising under section 10701, subsection 1, it is presumed
that a person was under the influence of intoxicating liquor
when that person has:

 
(1) For a person 21 years of age or older, a blood-
alcohol level of 0.08% or more by weight; and

 
(2) For a person less than 21 years of age, any amount
of alcohol in the blood.

 
D.__Percent by weight of alcohol in the blood is based upon
grams of alcohol per 100 milliliters of blood.


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