CHAPTER 53

AN ACT TO AMEND SECTION 3507, TITLE II, DELAWARE CODE, RELATING TO 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.

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

Section 1. Section 3507, Title 11, Delaware Code, is amended to read as follows:

In any proceeding in which an issue is whether any person was driving a motor vehicle while under the influence of intoxicating liquor, evidence may be admitted 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 driven 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 10/100 of one per centum by weight of alcohol in his blood shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. Evidence that there was at the time 10/100 of one per centum, or more, by weight of alcohol in his blood, is prima facie evidence that the defendant was under the influence of intoxicating liquor within the meaning of the statutory definition of the offense. Where the issue is before the Court, it shall instruct the jury, if any, accordingly.

Approved April 30, 1969.