(A) It is unlawful for any person who is under the influence of intoxicating drugs or liquor to drive, operate, or be in actual physical control of any motor vehicle in the city.
(B) Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol shall be punished as provided in § 71.999.
(C) Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or intoxicating liquor, or operating a motor vehicle while his or her ability is impaired by the consumption of alcohol, evidence of the amount of alcohol in the person’s blood as shown by a chemical analysis of his or her blood or breath is admissible.
(D) For the purpose of this section, for persons 21 years of age or older:
(1) Evidence that there was 0.05% or less by weight of alcohol in his 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 0.05%, but less than 0.08% by weight of alcohol in the person’s blood is relevant evidence of operating a motor vehicle while his or her ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor; however, no person shall be convicted while his or her ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than 0.05%, but less than 0.08% by weight of alcohol in the person’s blood or breath in the absence of additional evidence that such person’s driving was affected by the consumption of alcohol to the extent that the 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 that there was 0.08% 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. The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood if blood was tested or grams of alcohol per 210 liters of breath if the breath was tested. The provisions of this division do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol or intoxicating liquor; and
(4) To be admissible in a proceeding, the evidence must first be qualified by establishing that the test was administered to the person within two hours after the arrest of the person.
(Prior Code, § 15-527) (Ord. 01-29, passed 12-10-2001) Penalty, see § 71.999