Upon trial for the offense of driving a motor vehicle in this Town while under the influence of alcohol, controlled substances or drugs, or upon the trial of any civil or criminal action arising out of acts alleged to have been committed by any person driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, evidence of the amount of alcohol in the person's blood at the time of the arrest or of the acts alleged, as shown by a chemical analysis of his blood, breath or urine, is admissible, if the sample or specimen was taken within two hours from and after the time of arrest or of the acts alleged, and shall give rise to the following presumptions or have the following effect:
(a) Evidence that there was at the time five hundredths of one percent (.05%) or less, by weight, of alcohol in his blood, shall be prima facie evidence that the person was not under the influence of alcohol;
(b) Evidence that there was, at that time, more than five hundredths of one percent (.05%) and less than ten hundredths of one percent (.10%) by weight of alcohol in his blood, shall be relevant evidence, but it is not to be given prima facie effect in indicating whether the person was under the influence of alcohol;
(c) Evidence that there was, at that time, ten hundredths of one percent (.10%) or more, by weight of alcohol in his blood, shall be admitted as prima facie evidence that the person was under the influence of alcohol. Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood.
A chemical analysis of a person's blood, breath or urine, in order to give rise to the presumptions or to have the effect provided for in subsections (a), (b) and (c) hereof shall be performed in accordance with methods and standards approved by the State Department of Health. A chemical analysis of blood or urine to determine the alcoholic content of blood shall be conducted by a qualified laboratory or by the State Police Scientific Laboratory of the Criminal Identification Bureau of the Department of Public Safety.
The provisions of this section shall not limit the introduction in any administrative or judicial proceeding of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, controlled substances or drugs.
(Passed 11-10-92)