§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 blood
within four hours after the time of the alleged violation as shown by chemical
analysis of the defendant's blood or breath or other approved analytical
technique shall be competent evidence that the defendant was under the
influence of intoxicating liquor at the time of the alleged violation.



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



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



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



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