South Carolina Code 23-31-420. Presumptions
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person’s blood, it must be presumed that the person was not under the influence of alcohol.
Terms Used In South Carolina Code 23-31-420
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If there was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent by weight of alcohol in the person’s blood, this fact does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person’s blood, this fact creates an inference that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol.