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§47-756.
§47-756.
A. Upon the trial of any criminal action or proceeding arising out of
acts alleged to have been committed by any person while driving or in
actual physical control of a motor vehicle while under the influence
of alcohol or any other intoxicating substance, or the combined
influence of alcohol and any other intoxicating substance, evidence of
the alcohol concentration in the blood or breath of the person as
shown by analysis of the blood or breath of the person performed in
accordance with the provisions of Sections 752 and 759 of this title
or evidence of the presence and concentration of any other
intoxicating substance as shown by analysis of such person's blood,
breath, saliva, or urine specimens in accordance with the provisions
of Sections 752 and 759 of this title is admissible. Evidence that the
person has refused to submit to either of said analyses is also
admissible. For the purpose of this title, when the person is under
the age of twenty-one (21) years, evidence that there was, at the time
of the test, any measurable quantity of alcohol is prima facie
evidence that the person is under the influence of alcohol in
violation of Section 1 of this act. For persons twenty-one years of
age or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of five-hundredths (0.05) or less is prima facie
evidence that the person was not under the influence of alcohol;
2. Evidence that there was, at the time of the test, an alcohol
concentration in excess of five-hundredths (0.05) but less than
ten-hundredths (0.10) is relevant evidence that the person's ability
to operate a motor vehicle was impaired by alcohol. However, no person
shall be convicted of the offense of operating or being in actual
physical control of a motor vehicle while such person's ability to
operate such vehicle was impaired by alcohol solely because there was,
at the time of the test, an alcohol concentration in excess of
five-hundredths (0.05) but less than ten-hundredths (0.10) in the
blood or breath of the person in the absence of additional evidence
that such person's ability to operate such vehicle was affected by
alcohol to the extent that the public health and safety was threatened
or that said person had violated a state statute or local ordinance in
the operation of a motor vehicle; and
3. Evidence that there was, at the time of the test, an alcohol
concentration of ten-hundredths (0.10) or more shall be admitted as
prima facie evidence that the person was under the influence of
alcohol.
B. For purposes of this title, "alcohol concentration" means grams of
alcohol per one hundred (100) milliliters of blood if the blood was
tested, or grams of alcohol per two hundred ten (210) liters of breath
if the breath was tested.
C. To be admissible in a proceeding, the evidence must first be
qualified by establishing that the test was administered to the person
within two (2) hours after the arrest of the person.
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