Sourcebook of Criminal Justice Statistics, 1983 - Bureau of Justice ...

Sourcebook of Criminal Justice Statistics 19S3Table I.SO Statutory provisions related to alcohol use and driving, by jurisdictionI'OTE: See I'OTE, Table 1.77. The evidentiary weight given to bload alcC"1CJI concentrationlevels generally falls into one of two categories. ''Presumption at 0.10 percent" indicatesthat such a level of blood alcohol concentration creates a presumption of intoxication in acourt of law. "Illegal per se at 0.10 percent" indicates that such a level of blood alcoholconcentration is considered conclusive evidence of intoxication in a court of law. Statutoryprovisions of several jurisdictions treat the 0.10 percent level as both presumptive andillegal per se evidence of driving under th: influence. ,This appears t~ be the res~lt ofStates having adopted one of the standards without amending statutes which had previouslyauthorized the other standard. In such cases, the actual statutes should be consulted forclarification. "Open container laws" refer to laws prohibiting The possession of apencontainers of alcoholic beverages in the passenger compartment of a motor vehicle. "Dramshop lows" refer to laws which make owners of drinking establl~~ments civill~ l!a~le f~rserving alcohol to an intoxicated patron who th~n ~oes out and Injures anot~er ~ndlvldu