§ 5-65-206 — Evidence in prosecution - Presumptions

(a) (1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person's blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by chemical analysis at the time of or within four (4) hours after the alleged offense. (2) A presumption does not exist if at the time of the alleged offense the person has an alcohol concentration of more than four hundredths (0.04) but less than eight hundredths (0.08) by weight of alcohol in the defendant's blood, urine, breath, or other bodily substance, although this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. (b) The provisions of subsection (a) of this section shall not limit the introduction of other relevant evidence offered to show whether or not the defendant was intoxicated. (c) The chemical analysis referred to in this section shall be made by a method approved by the State Board of Health. (d) (1) Except as provided in subsection (e) of this section, a record or report of a certification, rule, evidence analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or his or her assistant, in the form of an original signature or by certification of a copy. (2) An instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified. (3) (A) A person charged with violating § 5-65-103 has the right to cross-examine or call as a witness: (i) The person who calibrates the instrument conducting a chemical analysis of the person's bodily substances; (ii) The operator of the instrument conducting a chemical analysis of the person's bodily substances; or (iii) A representative of the office. (B) (i) The prosecuting attorney or the defendant may compel the testimony of a person listed in subdivision (d)(3)(A) of this section by a subpoena issued to that person at least ten (10) days before the date of the hearing or trial. (ii) The person whose testimony is compelled shall have with him or her the record or report at issue, and the record or report is admissible at the hearing or trial. (e) The admissibility of a chemical analysis that determines the presence in a person's blood, urine, breath, or other bodily substance of a controlled substance or other intoxicant that is not alcohol is governed by § 12-12-313 when that chemical analysis is performed by the State Crime Laboratory and when the chemical analysis is being used in a criminal prosecution under § 5-65-103 , § 5-65-303 , or § 5-10-105 .

Legislative History

Amended by Act 2015, No. 299,§ 10, eff. 7/22/2015. Acts 1957, No. 346, § 1; 1961, No. 215, § 1; 1969, No. 17, § 1; 1971, No. 578, § 1; 1983, No. 549, § 12; A.S.A. 1947, § 75-1031.1; Acts 1989, No. 928, § 1; 1999, No. 462, § 1; 2001, No. 561, §§ 11, 12; 2005, No. 886, § 2; 2007, No. 650, § 1; 2009, No. 748, § 31.