§263A-10  Evidence of intoxication. (a)  In any criminal prosecution for a violation of section 263-11,four-hundredths per cent or more by weight of alcohol in the defendant's bloodwithin four hours after the time of the alleged violation as shown by chemicalanalysis of the defendant's blood or breath or other approved analyticaltechnique shall be competent evidence that the defendant was under theinfluence of intoxicating liquor at the time of the alleged violation.

(b)  In any criminal prosecution for aviolation of section 263-11, the amount of alcohol found in the defendant'sblood within four hours after the time of the alleged violation as shown bychemical analysis of the defendant's blood or breath or other approvedanalytical technique shall be competent evidence of whether or not thedefendant was under the influence of intoxicating liquor at the time of thealleged violation, and shall give rise to the following presumptions:

(1)  If there were two-hundredths per cent or less byweight of alcohol in the defendant's blood, it shall be presumed that thedefendant was not under the influence of intoxicating liquor at the time of thealleged violation.

(2)  If there were in excess of two-hundredths percent but less than four-hundredths per cent by weight of alcohol in thedefendant's blood, that fact may be considered with other competent evidence indetermining whether or not the defendant was at the time of the allegedviolation under the influence of intoxicating liquor, but shall not of itselfgive rise to any presumption.

(c)  Subsection (b) shall not be construed aslimiting the introduction of any other competent evidence bearing upon thequestion of whether or not the defendant was under the influence ofintoxicating liquor at the time of the alleged violation. [L 1991, c 274, pt of§1]