61-8-404. Evidence admissible -- conditions of admissibility. (1) Upon the trial of any criminal action or other proceeding arising out of acts alleged to have been committed by any person in violation of 61-8-401 or 61-8-406:
     (a) evidence of any measured amount or detected presence of alcohol or drugs in the person at the time of the act alleged, as shown by an analysis of the person's blood, breath, or urine, is admissible. A positive test result does not, in itself, prove that the person was under the influence of a drug or drugs at the time the person was in control of a motor vehicle. A person may not be convicted of a violation of 61-8-401 based upon the presence of a drug or drugs in the person unless some other competent evidence exists that tends to establish that the person was under the influence of a drug or drugs while driving or in actual physical control of a motor vehicle within this state.
     (b) a report of the facts and results of any test or tests of a person's blood, breath, or urine administered under 61-8-402 is admissible in evidence if:
     (i) the breath test was performed by a person certified by the forensic sciences division of the department to administer breath tests or the blood or urine test was a laboratory analysis and the analysis was done in a laboratory operated by the department or by any other laboratory or facility certified or exempt from certification under the rules of the department; and
     (ii) the test was on a blood sample, the person withdrawing the blood was competent to do so under 61-8-405(1).
     (2) If the person under arrest refused to submit to the test or tests as provided in this section, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle upon the ways of this state open to the public, while under the influence of alcohol, drugs, or a combination of the two.
     (3) The provisions of this part do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of the two.

     History: En. Sec. 2, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.2(b) thru (d); amd. Sec. 3, Ch. 103, L. 1981; amd. Sec. 5, Ch. 659, L. 1983; amd. Sec. 10, Ch. 698, L. 1983; amd. Sec. 4, Ch. 99, L. 1985; amd. Sec. 4, Ch. 789, L. 1991; amd. Sec. 3, Ch. 564, L. 1993.