FEDERAL · 18 U.S.C. · Chapter 17A
Presumptions
Current through Pub. L. 119-102
Title 18 — Crimes and Criminal Procedure·Ch. 17A — COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
For purposes of this chapter—
(1)an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and
(2)an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.
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18 U.S.C. § 343 (Presumptions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Source Credit
History
(Added Pub. L. 99–570, title I, §1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, §6473(c), Nov. 18, 1988, 102 Stat. 4379.)
Editorial Notes
Editorial Notes
Amendments
1988—Par. (1). Pub. L. 100–690, §6473(c)(1), substituted ".10 percent" for ".10" and struck out "conclusively" after "shall be".
Par. (2). Pub. L. 100–690, §6473(c)(2), struck out "conclusively" after "shall be".
Editorial Notes
Amendments
1994—Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, which directed the amendment of this title "by striking 'kidnaping' each place it appears and inserting 'kidnapping' ", was executed by substituting "KIDNAPPING" for "KIDNAPING" in chapter heading, to reflect the probable intent of Congress.
Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, substituted "kidnapping" for "kidnaping" in item 351.
1982—Pub. L. 97–285, §2(b), (c), Oct. 6, 1982, 96 Stat. 1219, substituted "CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT" for "CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT" as chapter heading and substituted "Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault: penalties" for "Congressional assassination, kidnaping, and assault; penalties" in item 351.
1971—Pub. L. 91–644, title IV, §15, Jan. 2, 1971, 84 Stat. 1891, added chapter 18 and item 351.
Amendments
1988—Par. (1). Pub. L. 100–690, §6473(c)(1), substituted ".10 percent" for ".10" and struck out "conclusively" after "shall be".
Par. (2). Pub. L. 100–690, §6473(c)(2), struck out "conclusively" after "shall be".
Editorial Notes
Amendments
1994—Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, which directed the amendment of this title "by striking 'kidnaping' each place it appears and inserting 'kidnapping' ", was executed by substituting "KIDNAPPING" for "KIDNAPING" in chapter heading, to reflect the probable intent of Congress.
Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, substituted "kidnapping" for "kidnaping" in item 351.
1982—Pub. L. 97–285, §2(b), (c), Oct. 6, 1982, 96 Stat. 1219, substituted "CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT" for "CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT" as chapter heading and substituted "Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault: penalties" for "Congressional assassination, kidnaping, and assault; penalties" in item 351.
1971—Pub. L. 91–644, title IV, §15, Jan. 2, 1971, 84 Stat. 1891, added chapter 18 and item 351.