For purposes of this chapter—

(1) an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and

(2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.

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Terms Used In 18 USC 343

  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
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