22.0607 Presumptions based on alcoholic content of blood.

Cite as [A.S.C.A. § 22.0607]

(a) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person driving a motor vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s breath, blood, urine or saliva, shall give rise to the following presumptions:

(1) not more than .05% by weight of alcohol in his blood supports a disputable presumption that he was not then under the influence of intoxicating liquor;

(2) more than .05%, but less than .08% by weight of alcohol in his blood is evidence that may be used to determine whether or not he was then under the influence of intoxicating liquor;

(3) not less than .08% by weight of alcohol in his blood supports a presumption that he was then under the influence of intoxicating liquor.

(b) Nothing in this section is intended to limit the introduction of any competent evidence bearing upon the question whether or not a person was under the influence of intoxicating liquor.

History: 1972, PL 12-65 § 1; amd 1986, PL 19-40 § 2.

Amendments: 1986 Subsection (a)(2): changed “.10%” to “.08%”; deleted “indirect”.

Subsection (a)(3): changed “.10%” to “.08%”; deleted “disputable”.