A. Prohibition: It is unlawful for any person who is under the influence of intoxicating drugs or liquor to drive, operate or be in actual physical control of any motor vehicle in the city.
B. Penalty: Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol shall be subject to a fine as provided in section 1-4-1 of this code.
C. Evidence Shown By Tests: Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or intoxicating liquor, or operating a motor vehicle while his ability is impaired by the consumption of alcohol, evidence of the amount of alcohol in the person's blood as shown by a chemical analysis of his blood or breath is admissible. For the purpose of this section:
1. Evidence that there was five-hundredths of one percent (0.05%) or less by weight of alcohol in his blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor;
2. Evidence that there was more than five-hundredths of one percent (0.05%) by weight of alcohol in the person's blood is relevant evidence of operating a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor; however, no person shall be convicted while his ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than five-hundredths of one percent (0.05%) by weight of alcohol in the person's blood in the absence of additional evidence that such person's driving was affected by said consumption of alcohol to the extent that the public health and safety was threatened or that said person had violated a state statute or local ordinance in the operation of a motor vehicle; and (1985 Code § 15-527)
3. Evidence that there was eight-hundredths of one percent (0.08%) or more by weight of alcohol in his blood shall be admitted as prima facie evidence that the person was under the influence of alcohol or intoxicating liquor. (1985 Code § 15-527; amd. 2003 Code)
D. Basis For Considering Evidence: The percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood. The provisions of this subsection do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol or intoxicating liquor. (1985 Code § 15-527)