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HB13-1114: Inferences For Marijuana And Driving Offenses

Criminal Justice
Bill Number: HB13-1114
Year: 2013
ACLU Position: Oppose
Sponsors: Waller

Description:

In any DUI prosecution, if at the time of driving or within a reasonable time thereafter, the driver’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant’s blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs.

Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant’s blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The bill removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol.

The bill removes instances of the term “habitual user” from the traffic code.


Current Status:

04/05/2013 - House Third Reading Passed
04/09/2013 - Introduced In Senate - Assigned to Judiciary
02/26/2013 - House Committee on Judiciary Refer Amended to Appropriations
04/22/2013 - Senate Committee on Judiciary Postpone Indefinitely
01/18/2013 - Introduced In House - Assigned to Judiciary



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