A. As used in this section:
ALCOHOL CONCENTRATION: 1. The number of grams of alcohol per one hundred milliliters (100 ml) of blood;
2. The number of grams of alcohol per two hundred ten liters (210 l) of breath; or
3. The number of grams of alcohol per seventy five milliliters (75 ml) of urine.
CONTROLLED SUBSTANCE: Includes:
1. Any drug or substance defined by Wyoming Statutes section 35-7-1002(a)(iv);
2. Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual's ability to drive safely.
CONVICTION: As defined in Wyoming Statutes section 31-7-102(a)(xi).
DRIVER'S LICENSE: As defined in Wyoming Statutes section 31-7-102(a)(xxv), and includes nonresident operating privileges as defined in Wyoming Statutes section 31-7-102.
OTHER LAW PROHIBITING DRIVING WHILE UNDER THE INFLUENCE: A statute of another state, the United States or a territory or district of the United States, or an ordinance of a governmental entity of this or another state, or of an Indian tribe which prohibits driving while under the influence of intoxicating liquor, alcohol, controlled substances or drugs.
B. No person shall drive or have actual physical control of any vehicle within this state if the person:
1. Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more; or
2. To a degree which renders him incapable of safely driving:
a. Is under the influence of alcohol;
b. Is under the influence of a controlled substance; or
c. Is under the influence of a combination of any of these elements named in subsections B2a and B2b of this section.
C. Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or being in actual physical control of a vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration of five one-hundredths of one percent (0.05%) or less, it shall be presumed that the person was not under the influence of alcohol;
2. If there was at that time an alcohol concentration of more than five one-hundredths of one percent (0.05%) and less than eight one-hundredths of one percent (0.08%), that fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but it may be considered with other competent evidence in determining whether the person was under the influence of alcohol to a degree which renders him incapable of safely driving a motor vehicle, are hereby adopted by reference and incorporated in this section as part of this code as fully as if completely set out in full herein. One copy of this provision shall be kept on file in the office of the city clerk for examination and inspection by the public.
D. Subsection C of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol, including tests obtained more than three (3) hours after the alleged violation. The fact that any person charged with a violation of subsection B of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection B of this section. (Ord. 2002-12, 9-3-2002)