(a) No person under the influence of intoxicating beverages or any drug which may impair one's driving ability shall operate a vehicle that is not a motor vehicle anywhere in the urban county.
(b) No person shall operate a motor vehicle anywhere in the urban county 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, many criminal prosecution for a violation of subsections (a) and (b) of this section, 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 blood, urine, breath or other bodily substance, shall give rise to the following presumptions:
(1) If there was five-hundredths percent 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 five-hundredths percent but less than ten-hundredths percent 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;
(3) If there was ten-hundredths percent 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 subsection (d) of this section 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 subsection (d) of this section, but his refusal to submit to such test shall result in revocation of his license as provided in KRS ch. 189A.
(g) Only a person authorized by KRS 189A.103(6) can withdraw any blood of any person submitting to a chemical test under KRS ch. 189A.
(h) The person tested shall be permitted to have a duly licensed physician of his own choosing administer a chemical test in addition to the one administered at the direction of the police officer.
(i) Any person who shall violate subsection (a) or (b) of this section shall be fined for the first offense not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), for a second offense a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and imprisoned for not less than three (3) days nor more than six (6) months, and for each subsequent offense a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and imprisoned not less than thirty (30) days nor more than twelve (12) months.
(Ord. No. 4939, § 1, 6-25-64; Ord. No. 191-68, § 1, 7-25-68; Ord. No. 207-74, § 2, 10-17-74)