| | |
Test results may not be excluded as evidence in any proceeding | | before any administrative officer or court of this State as a | | result of the failure of the law enforcement officer to comply with | | these prerequisites.__The only effects of the failure of the | | officer to comply with the prerequisites are as provided in | | subsection 7. |
|
| | | 3.__Results of test.__Upon the request of the person who | | submits to a chemical test or tests at the request of a law | | enforcement officer, full information concerning the test or | | tests must be made available to that person or that person's | | attorney by the law enforcement officer. |
|
| | | 4.__Blood-alcohol level.__The following percentages by weight | | of alcohol in the defendant's blood have the following | | evidentiary effect. |
|
| | | A.__If there was, at the time alleged, 0.05% or less by | | weight of alcohol in the blood of a defendant who was 21 | | years of age or older at the time of arrest, it is prima | | facie evidence that the defendant was not under the | | influence of intoxicating liquor. |
|
| | | B.__If there was, at the time alleged, in excess of 0.05% | | but less than 0.08% by weight of alcohol in the blood of a | | defendant who was 21 years of age or older at the time of | | the arrest, it 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 this section, but that fact may be | | considered with other competent evidence in determining | | whether or not the defendant was under the influence of | | intoxicating liquor. |
|
| | | C.__For purposes of evidence in proceedings other than those | | arising under section 10701, subsection 1, it is presumed | | that a person was under the influence of intoxicating liquor | | when that person has: |
|
| | | (1) For a person 21 years of age or older, a blood- | | alcohol level of 0.08% or more by weight; and |
|
| | | (2) For a person less than 21 years of age, any amount | | of alcohol in the blood. |
|
| | | D.__Percent by weight of alcohol in the blood is based upon | | grams of alcohol per 100 milliliters of blood. |
|
|