18 U.S.C. § 343
Section 343 · Presumptions
This is § 1971 of the Money Laundering Control Act of 1986
Amended 2 times on record
Applied in 8 court decisions — leading case National Maritime Union of America v. Herzog (1948)
Most recently applied in United States v. Fitzgerald (October 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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”.