Section
75.001 Driving while under the influence of alcohol, other drug, or combination thereof
75.002 Suspension of driver's license;implied consent
75.0025 Chemical and other tests
75.003 Transportation of alcoholic liquor; penalty
75.0035 Permitting a driver under the influence to operate a motor vehicle
75.004 Reckless driving; aggravated reckless driving
75.005 Drag racing
75.006 Accidents involving death or personal injuries
75.007 Duty to give information and render aid
75.008 Accident involving damage to vehicle
75.009 Duty upon damaging unattended vehicle or other property
75.010 Duty to report accident
75.011 False reports
75.012 When driver fails to report
(A) A person shall not drive or be in actual physical control of any vehicle within this city while:
(1) The alcohol concentration in the person's blood or breath is 0.10 or more based on the definition of blood and breath units in § 75.0025;
(2) Under the influence of alcohol;
(3) Under the influence of any other drug or combination of drugs to a degree which renders the person incapable of safely driving; or
(4) Under the combined influence of alcohol and any other drug or drugs to a degree which renders the person incapable of safely driving.
(B) The fact that any person charged with violating this section is or has been legally entitled to use alcohol, or other drugs, or any combination of both, shall not constitute a defense against any charge of violating this section.
(Ord. 6888, passed 1-5-82)
(A) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this city shall be deemed to have given consent, subject to the provisions of § 75.0025 to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol, other drug, or combination thereof content of the person's blood if arrested, as evidenced by the issuance of a uniform traffic ticket, for any offense as defined in § 75.001. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered by their enforcement personnel.
(B) Any person who is dead, unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by division (A) above and the test or tests may be administered, subject to the provisions of § 75.0025.
(C) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in suspension of the person's license to operate a motor vehicle for 6 months for the first such arrest and refusal and a suspension of the privilege for 12 months for the second and each subsequent arrest and refusal within 5 years. Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the law enforcement agency as provided in division (A) above, none shall be given, but the law enforcement officer shall file with the clerk of the circuit court for the county in which the arrest was made, a sworn statement naming the person refusing to take and complete the test or tests requested under the provisions of this section. The sworn statement shall identify the arrested person, the person's driver's license number and current residence address and shall specify that a refusal by the person to take the test or tests was made. The sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was driving the motor vehicle within this city while under the influence of alcohol, other drug, or combination thereof, and that the test was made as an incident to and following the lawful arrest for an offense as defined in § 75.001. The statement shall also specify that the person, after being arrested for an offense arising out of acts alleged to have been committed while so driving or in actual physical control of a motor vehicle, refused to submit to and complete a test or tests as requested by the law enforcement officer.
(D) The clerk shall thereupon notify the person in writing that the person's privilege to operate a motor vehicle will be suspended unless, within 28 days from the date of mailing of the notice, the person shall request in writing a hearing thereon; if the person desires a hearing, the person shall file a complaint in the circuit court for and in the county in which the person was arrested for the hearing. The hearing shall proceed in the court in the same manner as other civil proceedings, shall cover only the issues of whether the person was placed under arrest for an offense as defined in § 75.001 was evidenced by the issuance of a uniform traffic ticket; whether the arresting officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol, other drug, or combination thereof; and whether the person refused to submit and complete the test or tests upon the request of the law enforcement officer. Whether the person as informed that the person's privilege to drive would be suspended if the person refused to submit to the test or tests shall not be an issue.
(E) Immediately upon the termination of the court proceedings, the clerk shall notify the secretary of state of the court's decision. The secretary of state shall thereupon suspend the driver's license, the privilege of driving a motor vehicle on highways of this city given to a nonresident, or the privilege which an unlicensed person might have to obtain a license under the Driver's License Act, of the arrested person if that is the decision of the court. If the court recommends that the person be given a restricted driving permit to prevent undue hardship, the clerk shall report that fact to the secretary of state.
(Ord. 6888, passed 1-5-82)
(A) Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in § 75.001, evidence of the concentration of alcohol, other drug, or combination thereof in a person's blood or breath at the time alleged, as determined by analysis of the person's blood, urine, breath, or other bodily substance, shall be admissible. Where such a test is made the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this section shall have been performed according to standards promulgated by the State Department of Public Health in consultation with the State Department of Law Enforcement by an individual possessing a valid permit issued by that Department for this purpose.
(2) When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of § 75.002, only a physician authorized to practice medicine, a registered nurse, or other qualified person approved by the State Department of Public Health may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens.
(3) The person tested may have a physician, or a qualified person of their own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or the person's attorney.
(5) Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(B) Upon the trial of any civil or criminal action or proceeding arising out of the acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by 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 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 in excess of 0.05 but less than 0.10, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time an alcohol concentration of 0.10 or more, it shall be presumed that the person was under the influence of alcohol.
(4) The foregoing provisions of this section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.
(C) If a person under arrest refuses to submit to a chemical test under the provisions of § 75.002, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person under the influence of alcohol, or other drugs, or combination of both was driving or in actual physical control of a motor vehicle.
(Ord. 6888, passed 1-5-82)
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