A. Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in Section 10.24.010, evidence of the concentration of alcohol, other drug or combination thereof in a person's blood or breath at the time alleged, as determined by analysis of the person's blood, urine, breath or other bodily substance, shall be admissible. Where such test is made the following provisions shall apply:
1. Chemical analyses of the person's blood, urine, breath or other bodily substance to be considered valid under the provisions of this section shall have been performed according to standards promulgated by the department of public health in consultation with the department of law enforcement by an individual possessing a valid permit issued by that department for this purpose. The director of the department of public health in consultation with the department of law enforcement is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that department and to certify the accuracy of breath testing equipment. The Illinois Department of Public Health shall prescribe regulations as necessary to implement this section.
2. When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of Section 10.24.011, only a physician authorized to practice medicine, a registered nurse or other qualified person approved by the department of public health may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens.
3. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of their own choosing administered a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
4. Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or such person's attorney.
5. Alcohol concentration shall mean either grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.
B. Upon the trial of any civil or 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 vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
1. If there was at the time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.
2. If there was at the time an alcohol concentration in excess of 0.05 but less than 0.10, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
3. If there was at the time an alcohol concentration of 0.10 or more, it shall be presumed that the person was under the influence of alcohol.
4. The foregoing provisions of this section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.
C. If a person under arrest refuses to submit to a chemical test under the provisions of Section 10.24.011, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was under the influence of alcohol, or other drugs, or combination of both was driving or in actual physical control of a motor vehicle.
(Ord. 83-7 § 3, 1982).