(a) Upon the trial for the offense of driving a motor vehicle on the public streets or highways of this City while under the influence of alcohol, controlled substances or drugs, or upon the trial of any civil or criminal action arising out of acts alleged to have been committed by any person while driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, evidence of the amount of alcohol, in the person’s blood at the time of the arrest or of the acts alleged, as shown by a chemical analysis of his blood, breath or urine, is admissible, if the same or specimen was taken within two hours from and after the time of the arrest or of the acts alleged. The evidence shall give rise to the following presumptions or has the following effect:
(1) Evidence that there was, at the time, five hundredths of one percent (.05%) or less, by weight, of alcohol, in his blood shall be prima-facie evidence that the person was not under the influence of alcohol;
(2) Evidence that there was, at the time, more than five hundredths of one percent (.05%) and less than eight hundredths of one percent (.08%) by weight, of alcohol in the person’s blood, is relevant evidence, but is not to be given prima-facie effect in indicating whether the person was under the influence of alcohol;
(3) Evidence that there was at the time, eight hundredths of one percent (.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 intoxicating liquor.
(b) A determination of the percent, by weight, of alcohol in the blood shall be based upon a formula of:
(1) The number of grams of alcohol per one hundred cubic centimeters of blood;
(2) The number of grams of alcohol per two hundred ten liters of breath;
(3) The number of grams of alcohol per sixty-seven milliliters of urine; or
(4) The number of grams of alcohol per eighty-six milliliters of serum.
(c) A chemical analysis of a person’s blood, breath or urine in order to give rise to the presumption or to have the effect provided for in subsections (a) hereof must be performed in accordance with method and standards approved by the State Division of Health. A chemical analysis of blood or urine to determine alcoholic content of blood shall be conducted by a qualified laboratory or by the State Police Scientific Laboratory of the Criminal Identification Bureau of the Department of Public Safety.
(d) The provisions of this article shall not limit the introduction in any administration or judicial proceeding of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, controlled substances or drugs.
(Ord. 1270. Passed 5-25-04.)