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Session Laws, 1969
Volume 692, Page 387   View pdf image
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MARVIN MANDEL, Governor                        387

(1)    If there was at that time in his blood five one-hundredths of
one per centum (0.05%) or less, by weight, of alcohol, as determined
by an analysis of his blood or breath, or if there was in his urine
eight one-hundredths of one per centum (0.08%) or less, by weight,
of alcohol, it shall be presumed that the defendant was not in an
intoxicated condition, that his driving ability was not impaired by
the consumption of alcohol, and that he was not under the influence
of intoxicating liquor;

(2)    If there was at that time in his blood more than five one-
hundredths of one per centum (0.05%), but less than fifteen one-
hundredths of one per centum (0.15%)
TEN ONE-HUNDREDTHS
OF ONE PER CENTUM (0.10%), by weight, of alcohol, as
determined by an analysis of his blood or breath, or if there was in
his urine more than eight one-hundredths of one per centum (0.08%),
but less than twenty one hundredths of one per centum (0.20%)
THIRTEEN ONE-HUNDREDTHS OF ONE PER CENTUM
(0.13%), by weight, of alcohol, this fact shall not give rise to any
presumption that the defendant was or was not in an intoxicated
condition or was or was not under the influence of intoxicating liquor,
but this fact may be considered with other competent evidence in
determining the guilt or innocence of the defendant;

(3)    If there was at that time in his blood ten one-hundredths
of one per centum (0.10%), or more, by weight, of alcohol, as deter-
mined by an analysis of his blood or breath, or if there was in his
urine thirteen one-hundredths of one per centum (0.13%), or more,
by weight, of alcohol, it shall be prima facie evidence that the
defendant's driving ability was impaired by the consumption of
alcohol,
AND THIS FACT MAY BE CONSIDERED WITH OTHER
COMPETENT EVIDENCE IN DETERMINING THE GUILT OR
INNOCENCE OF THE DEFENDANT;

(4) If there was at that time in his blood fifteen one-hun-
dredths of one per centum (0.15%), or more, by weight, of alcohol,
as determined by an analysis of his blood or breath, or if there was
in his urine, twenty one-hundredths of one per centum (0.20%), or
more, by weight, of alcohol, it shall be prima facie evidence that
the defendant was in an intoxicated condition.

(b)    The foregoing provisions do not limit the introduction of
any other competent evidence bearing upon the question (1)
whether or not the defendant was in an intoxicated condition, (2)
whether or not his driving ability was impaired by the consumption
of alcohol, or (3) whether or not he was under the influence of in-
toxicating liquor.

(c)    No person shall be compelled to submit himself or any part of
his body or bodily substance for the purpose of a chemical analysis
provided for in this section and evidence of chemical analysis shall
not be deemed admissible if obtained contrary to the provisions of
this section; and