§ 343. Presumptions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Anti-Drug Abuse Act of 1986

   Pub. L. 99–570 title I § 1971(a) · 100 Stat. 3207

   Enacted · 18 U.S.C. § 343

   Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59

   Source evidence

   Code source credit
   Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59

   Enacted provision · exact public law section
   (a) Part I of title 18, United States Code, is amended by inserting after chapter 17, the following: “CHAPTER 17A— COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS “Sec. “341. Definitions. “342. Operation of a common carrier under the influence of alcohol or drugs. “343. Presumptions. “§ 341. Definitions “As used in this chapter, the term ‘common carrier’ means a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier. “§ 342. Operation of a common carrier under the influence of alcohol or drugs “Whoever operates or directs the operation of a common carrier while under the influence of alcohol or drugs, shall be imprisoned not more than five years or fined not more than $10,000, or both. “§ 343. Presumptions “For purposes of this chapter— “(1) an individual with a blood alcohol content of .10 or more shall be conclusively presumed to be under the influence of alcohol; and “(2) an individual shall be conclusively 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.”.

2. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6473(c)(1) · 102 Stat. 4181

   1. Substituted · 18 U.S.C. § 343(1)

      Pub. L. 100–690, § 6473(c)(1), substituted “.10 percent” for “.10”

   2. Struck · 18 U.S.C. § 343(1)

      Pub. L. 100–690, § 6473(c)(1), struck out “conclusively” after “shall be”

   Source evidence

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

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “.10” and inserting “.10 percent” and by striking “conclusively”; and

3. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6473(c)(2) · 102 Stat. 4181

   Struck · 18 U.S.C. § 343(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) in paragraph (2) by striking “conclusively”.

4 of 4 references resolved to an enrolled provision