U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 17A— COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

18 U.S.C. § 343

Presumptions

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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.(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, § 6473(c), Nov. 18, 1988, 102 Stat. 4379.)Editorial NotesAmendments

1988—Par. (1). Pub. L. 100–690, § 6473(c)(1), substituted “.10 percent” for “.10” and struck out “conclusively” after “shall be”.

Par. (2). Pub. L. 100–690, § 6473(c)(2), struck out “conclusively” after “shall be”.

Notes of Decisions
Cited in 8 cases, 1948–2018 · leading case: United States v. Sean Fitzgerald
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United States v. Sean Fitzgerald (2018) ca6 · cites it 4× “18 U.S.C. § 343 . FAA regulations, meanwhile, prohibit acting or attempting to act as a crewmember of a civil aircraft with a BAC of 0.”
United States v. Cope (2012) ca10 · cites it 4× “5 The district court found that even without 18 U.S.C. § 343’s presumption that an individual with a BAC above .”
National Maritime Union of America v. Herzog (1948) dcd · cites it 2× “This it did not do, but for reasons not difficult to imagine, it preferred this futile litigation, undertaken upon the theory that a government competent to wage war against its foreign enemies was powerless against its insidious foes at home.”
Hughes v. State (2006) fladistctapp “10 presumption of impairment contained in the federal criminal code, 18 U.S.C. § 343 (1988). *184 Whether the defendants were operating the aircraft before the police intervened was a matter hotly disputed at trial.”
United States v. Norman Lyle Prouse, United States of America v. Robert John Kirchner, United States of America v. Josep (1991) ca8 “Kirchner’s requested instruction is based on 18 U.S.C. § 343 (1) (1988), which provides that “an individual with a blood alcohol content of .”
United States v. Sauls (1997) mdd “10 as set forth by a presumption in 18 U.S.C. § 343 . See, p. 17, supra. Furthermore, Congress is encouraging the states to set the level at .”
Cloyd v. State (2006) fladistctapp “10 presumption of impairment contained in the federal criminal code, 18 U.S.C. § 343 (1988). Whether the defendants were operating the aircraft before the police intervened was a matter hotly disputed at trial.”
United States v. Mears (2006) ca4 “2005), one count of wire fraud, in violation of 18 U.S.C.A. § 343 (West Supp.2005), and one count of travel in in *999 terstate commerce for a fraudulent purpose (“interstate travel fraud”), in violation of 18 U.”
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