(A) It is unlawful for any person who is under the influence of alcohol to drive or be in actual physical control of any vehicle within this city.
(`90 Code, § 20-46) (Ord. 2857, passed 12-20-88)
(B) It is unlawful for a person to drive or operate a motor vehicle within this city while his or her ability to drive or operate the vehicle is impaired by the consumption of alcohol.
(`90 Code, § 20-46.1)
(C) Upon the prosecution of any person for a violation of divisions (A) or (B) above, evidence of the alcohol concentration in the blood or breath of the person as shown by analysis of the blood or breath of the person performed in accordance with the provisions of 47 O.S. §§ 752 and 759 or evidence of the presence and concentration of any other intoxicating substance as shown by analysis of the person’s blood, breath, saliva or urine specimens in accordance with the provisions of 47 O.S. §§ 752 and 759 is admissible. Evidence that the person has refused to submit to either of the analysis is also admissible. For the purpose of this division:
(1) Evidence that there was .05% or less by weight of alcohol in his or her blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor;
(2) Evidence that there was more than .05% by weight of alcohol in the person’s blood is relevant evidence of operating a motor vehicle while his or her ability to operate the motor vehicle is impaired by the consumption of alcohol or intoxicating liquor; (However, no person shall be convicted of the offense of operating a motor vehicle while his or her ability of operate the vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than .05% of alcohol in the person’s blood, in the absence of additional evidence that the person’s driving was affected by the consumption of alcohol to the extent that public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of a motor vehicle.)
(3) Evidence there was 8/100 (.08) of 1% or more by weight of alcohol in his or her blood shall be admitted as prima facie evidence the person was under the influence of alcohol or intoxicating liquor;
(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood; and/or
(5) To be admissible the evidence must first be qualified by establishing that the specimen was obtained from the subject within not more than two hours of the arrest of the subject.
(`90 Code, § 20-46.2)
(Ord. 2858, passed 12-20-88; Am. Ord. 3077, passed 7-17-01)
Statutory reference:
Statutory provisions, see 47 O.S. §§ 751 et seq.