Title 18 — Crimes and Criminal ProcedureRelease 119-73
§343 Presumptions
Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 17A— - COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS › § 343
Summary
A person is considered intoxicated by alcohol if their blood alcohol level is .10 percent or higher. A person is considered impaired by drugs if the amount of drug in their body would be enough to hurt an average person's senses, thinking, or movement.
Full Legal Text
Title 18, §343
Crimes and Criminal Procedure — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
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”.
Reference
Citations & Metadata
Citation
18 U.S.C. § 343
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 6, 2026
Release point: 119-73