A. Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while operating an aircraft while the person was under the influence of an intoxicant, evidence of the alcohol concentration in the blood or breath of the person as shown by analysis of the blood or breath of the person performed in accordance with the provisions of Sections 2 and 4 of this act or evidence of the presence and concentration of any other intoxicant as shown by analysis of such person's blood, breath, saliva, or urine specimens in accordance with the provisions of Sections 2 and 4 of this act is admissible. Evidence that the person has refused to submit to either of said analyses is also admissible.

B. For the purpose of Sections 1 through 8 of this act:

1. Evidence that there was an alcohol concentration of less than four-hundredths (0.04) is prima facie evidence that the person was not under the influence of alcohol;

2. Evidence that there was an alcohol concentration of four-hundredths (0.04) or more shall be admitted as prima facie evidence that the person was under the influence of alcohol.

C. As used in Sections 1 through 8 of this act, alcohol concentration shall mean grams of alcohol per one hundred (100) milliliters of blood if the blood was tested, or grams of alcohol per two hundred ten (210) liters of breath if the breath was tested.

D. To be admissible in a criminal action or proceeding, evidence of alcohol concentration shall first be qualified by establishing that such test was administered to the person within two (2) hours after the arrest of the person.

Added by Laws 1991, c. 248, § 5, eff. Sept. 1, 1991.