WILLIAM DONALD SCHAEFER, Governor Ch. 734

admissible in evidence and has the effect set forth in
subsections (b) through (e) of this section.

(b)  If there was in the person's blood at the time of
testing 0.05 0.04 0.05 percent or less by weight of alcohol, as
determined by an analysis of the person's blood or breath, it
shall be presumed that the defendant was not intoxicated and that
the defendant was not driving while under the influence of
alcohol.

(c)  If at the time of testing there was in the person's
blood more than 0.05 0.04 0.05 percent but less than [0.08] 0.07
percent by weight of alcohol, as determined by an analysis of the
person's blood or breath, this fact may not give rise to any
presumption that the defendant was or was not intoxicated or that
the defendant was or was not driving while under the influence of
alcohol, but this fact may be considered with other competent
evidence in determining the guilt or innocence of the defendant.

(d)  If at the time of testing there was in the person's
blood [0.08] 0.07 percent or more by weight of alcohol, as
determined by an analysis of the person's blood or breath, it
shall be prima facie evidence that the defendant was driving
while under the influence of alcohol.

(e)  If at the time of testing there was in the person's
blood [0.13] 0.10 percent or more by weight of alcohol, as
determined by an analysis of the person's blood or breath, it
shall be prima facie evidence that the defendant was intoxicated.

(f)  If at the time of testing there was in the person's
blood 0.01 0.02 percent or more by weight of alcohol, as
determined by an analysis of the person's blood or breath, it
shall be prima facie evidence that the defendant was driving with
alcohol in the defendant's blood.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

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