(A) No person under the influence of intoxi- cating beverages or any drug which may impair one’s driving ability shall operate a vehicle that is not a motor vehicle anywhere in this state.
(B) No person shall operate a motor vehicle anywhere in this state while under the influence of intoxicating beverages or any drug which may impair one’s driving ability.
(C) No peace officer shall fail to enforce rigidly this section.
(D) In any criminal prosecution for a violation of divisions (A) and (B) above, wherein the defendant is charged with having operated a vehicle while under the influence of intoxicating beverages, the amount of alcohol in the defendant’s blood, as determined at the time of making a chemical analysis of his or her blood, urine, breath or other bodily substance, shall give rise to the following presumptions:
(1) If there was 0.05% or less by weight of alcohol in such blood, it shall be presumed that the defendant was not under the influence of intoxicating beverages;
(2) If there was more than 0.05%, but less than 0.10% by-weight of alcohol in such blood, such fact shall not constitute a presumption that the defendant either was or was not under the influence of intoxicating beverages, but such fact may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant; and
(3) If there was 0.10% or more by weight of alcohol in such blood, it shall be presumed that the defendant was under the influence of intoxicating beverages.
(E) The provisions of division (D) above shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the defendant was under the influence of intoxicating beverages.
(F) No person may be compelled to submit to any test specified in division (D) above, but his or her refusal to submit to such test shall result in revocation of his or her license as provided in KRS 186.565(3).
(G) Only a physician, registered nurse or qualified medical technician, duly licensed in the state, acting at the request of the arresting officer can withdraw any blood of any person submitting to a chemical test under this section or KRS 186.565.
(H) The person tested shall be permitted to have a duly licensed physician of his or her own choosing administer a chemical test in addition to the one administered at the direction of the police officer.
(1980 Code, § 520.3-15) Penalty, see § 70.99