CHAPTER 193

PROVIDING FOR USE OF INTOXIMETER

AN ACT TO AMEND CHAPTER 35, TITLE 11, DELAWARE CODE, BY PROVIDING FOR THE ADMISSION IN EVIDENCE OF THE WEIGHT OF ALCOHOL IN THE BLOOD OF A PERSON BEING TRIED FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 35, Title 11, Delaware Code, be and the same hereby is amended by adding the following new section thereto to be known as Section 3507.

§ 3507. Evidence of weight of alcohol in the blood of a person alleged to have operated a motor vehicle while under the influence of intoxicating liquor

Upon the trial of any person for the offense of operating a motor vehicle while under the influence of intoxicating liquor, the Court may admit evidence of the amount of alcohol in the blood of such person taken within two hours of the time when such person is alleged to have operated said motor vehicle while under the influence of intoxicating liquor, as shown by a medical or chemical analysis of his breath, blood, urine or saliva. Evidence that there was, at that time 5/100 of one per centum, or less, by weight of alcohol in his blood, is prima facie evidence that the defendant was not under the influence of intoxicating liquor within the meaning of the statutory definition of the offense. Evidence that there was, at the time, more than 5/100 of one per centum and less than 15/100 of one per centum by weight of alcohol in his blood is relevant evidence, but it is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor within the meaning of the statutory definition of the offense. Evidence that there was at the time 15/100 of one per centum, or more, by weight of alcohol in his blood, may be admitted as prima

facie evidence that the defendant was under the influence of intoxicating liquor within the meaning of the statutory definition of the offense. The Court shall instruct the jury, if any, accordingly.

Approved June 1, 1955.