Driving While Intoxicated; Presumptions

COL6/5/2019 CH. 69 BOATING

(a)Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while operating or being in actual physical control of any motorboat or vessel, or similar device, while under the influence of an alcoholic beverage in violation of Subsections

(b)or

(d)of '69201 of this Chapter, the amount of alcohol in the person's blood at the time of the test as shown by an analysis of that person's blood or breath shall give rise to the following presumptions affecting the burden of proof:

(1)If there was at that time less than eight onehundredths of one percent (0.08%) by weight of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(2)If there was at that time eight one-hundredths of one percent (0.08%) or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(b)Before such presumptions are made in cases involving a breath test, the prosecuting attorney must show the following by a preponderance of the evidence:

(1)that the instrument used for the test was properly checked and in proper working order at the time of conducting the test;

(2)that any chemicals employed in the test were of the correct kind and compounded in the proper proportions;

(3)that the person had nothing in his mouth at the time of the test and that he had taken no food or drink within fifteen

(15)minutes prior to taking the test;

(4)that the test was given by a qualified operator and in the proper manner. COL6/5/2019 CH. 69 BOATING The provisions of this Subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.