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2013 SESSION

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SB 1112 Driving under influence of alcohol; exemplary damages, etc.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

DUI; exemplary damages. Provides that for the purpose of awarding exemplary damages in an action for personal injury or death arising from the operation of a motor vehicle while under the influence, it shall be rebuttably presumed that the blood alcohol concentration of the defendant at the time of the incident causing injury or death was at least as high as the test result shown in a certificate of analysis for a blood or breath test, provided that the test was administered within three hours of the incident. In addition to other forms of proof, a party may submit a copy of a certificate of analysis for a blood or breath test administered pursuant to an arrest for driving under the influence, which shall be prima facie evidence of the facts contained therein.

SUMMARY AS INTRODUCED:

DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Under current law, only the defendant's BAC at the time of the incident is considered. Results of a blood or breath test used for a DUI conviction are admissible for the purpose of showing willful and wanton conduct, and the certificate of analysis and a certified copy of the conviction are prima facie evidence of the conviction and the defendant's BAC.