No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within this village.
(A) No person who is an habitual of or under the influence of any narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle, may drive or be in actual physical control of any vehicle within this village. The fact that a person charged with the violation of this section is or has been entitled to use such drugs under the laws of this state does not constitute a defense against any charge of violation of this section.
(B) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in the person's blood at the time of the act alleged, as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance, is admissible as provided hereinafter, and the result of any such analysis shall give rise to the following presumptions:
(1) If there was at the time of such analysis 0.05% or less, by weight, of alcohol in the person's blood, it shall be presumed that the person was not under the influence of intoxicating liquor;
(2) If there was at the time of such analysis in excess of 0.05% but less than 0.10%, by weight, of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence determining whether such person was under the influence of intoxicating liquor;
(3) If there was at the time of such analysis 0.10% or more, by weight, of alcohol in the person's blood, it shall be presumed that the person was under the influence of intoxicating liquor.
(C) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 100 cubic centimeters of blood.
(D) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
(E) When blood is to be withdrawn from a person at the request of the law enforcement officer for the purpose of determining the alcoholic content therein, only a physician authorized to practice medicine in all its branches, a registered nurse or other qualified person may withdraw blood, in a manner prescribed by the Department of Public Health.
(F) Upon the request of the person who submitted to a chemical test or teats at the request of a law enforcement officer, full information concerning the test or tests -rust be made available to him or his attorney.
(G) A person convicted of violating this section shall be fined not less than $100 no more than $500, and on a second subsequent conviction for an offense committed within one year after the commission of the first offense, shall be fined not less than $250 nor more than $500.
(Ord. 306, passed 12-7-1970)