306.117. Admissibility of results of chemical tests--presumption of intoxication.
Admissibility of results of chemical tests--presumption ofintoxication.
306.117. 1. Upon the trial of any person for violation of any of theprovisions of section 306.111 or 306.112 the amount of alcohol or drugs inthe person's blood at the time of the act alleged as shown by any chemicalanalysis of the person's blood, breath, urine, or saliva is admissible inevidence and the provisions of subdivision (5) of section 491.060, RSMo,shall not prevent the admissibility or introduction of such evidence ifotherwise admissible. Evidence of alcohol in a person's blood shall begiven the following effect:
(1) If there was five-hundredths of one percent or less by weight ofalcohol in such person's blood, it shall be presumed that the person wasnot intoxicated at the time the specimen was obtained;
(2) If there was in excess of five-hundredths of one percent but lessthan eight-hundredths of one percent by weight of alcohol in such person'sblood, the fact shall not give rise to any presumption that the person wasor was not intoxicated, but the fact may be considered with other competentevidence in determining whether the person was intoxicated;
(3) If there was eight-hundredths of one percent or more by weight ofalcohol in the person's blood, this shall be prima facie evidence that theperson was intoxicated at the time the specimen was taken.
2. Percent by weight of alcohol in the blood shall be based upongrams of alcohol per one hundred milliliters of blood.
3. A chemical analysis of a person's breath, blood, urine, or saliva,in order to give rise to the presumption or to have the effect provided forin subsection 1 of this section, shall have been performed as provided insections 306.111 to 306.119 and in accordance with methods and standardsapproved by the department of health and senior services.
4. The provisions of this section shall not be construed as limitingthe introduction of any other competent evidence bearing upon the questionwhether the person was intoxicated or under the influence of a controlledsubstance, or drug, or a combination of either or both with or withoutalcohol.
(L. 1993 S.B. 167, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)