Presumptions Affecting the Burden of Proof:

Defenses.

(a)The amount of alcohol in a person’s blood 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 0.08 percent 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 driving while under the influence of alcohol at the time of the alleged offense.

(2)If there was at that time 0.08 percent or more by weight of alcohol in the person’s blood, or 0.04 percent or more by weight of alcohol in a person’s blood who is under the age of twenty-one (21), it shall be presumed that the person was under the influence of an alcoholic beverage at COL6/5/2019 CH. 92 SAFE STREETS ACT OF 2018 the time of the alleged offense.

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

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

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

(15)minutes prior to taking the breath test; and

(3)that the breath test was given by a qualified operator and in the proper manner;

(4)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 alcohol, or was driving while impaired at the time of the alleged offense.

(c)It is a rebuttable presumption that a person was under the influence of alcohol if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a blood or breath test within three

(3)hours after driving.

(d)It is a rebuttable presumption that a person under the age of twenty-one

(21)was under the influence of alcohol if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a blood or breath test within three

(3)hours after driving.

(e)As allowed under Title 9 GCA, Chapter 4, § 4.45, in proving that the person did any act forbidden by law, it shall not be necessary to prove that the person possessed a culpable mental state.

(f)The fact that any person, charged in violation of this Chapter, is or has been entitled to use a controlled substance shall not constitute a defense. COL6/5/2019 CH. 92 SAFE STREETS ACT OF 2018 --------ARTICLE 2 IMPLIED CONSENT AND SUSPENSION OR REVOCATION OF DRIVING PRIVILEGES AND LICENSE