(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)