Section 7 Presumption of Intoxication

• Library: Defending Boating While Intoxicated Cases 2011

Section 306.117, RSMo Supp. 2010, is like the old version of the driving-while-intoxicated presumption statute, § 577.037, now RSMo Supp. 2010, that was in effect until its amendment in 1983. Section 306.117 provides that alcohol test results of 0.05% and lower create a presumption that the operator is not intoxicated. Alcohol test results in excess of 0.05% but less than 0.08% create no presumption...