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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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