(A) No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within this village.
(B) No person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle may drive or be in actual physical control of any vehicle within this village. The fact that a person charged with a violation of this subsection is or has been entitled to use such drug under the law of this state does not constitute a defense against any charge of violation of this subsection.
(C) Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in the person's blood at the time of the act alleged as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, as provided hereinafter in this subsection and the result of any such analysis shall give rise to the following presumptions:
1. If there was at the time of such analysis five one- hundredths percent (0.05%) or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of intoxicating liquor.
2. If there was at the time of such analysis in excess of five one-hundredths percent (0.05%) but less than ten one- hundredths percent (0.10%) by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether such person was under the influence of intoxicating liquor.
3. If there was at the time of such analysis ten one- hundredths percent (0.10%) or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of intoxicating liquor.
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood. Evidence based upon a chemical analysis of blood, urine, breath, saliva, or other bodily substance shall not be admitted unless such substance was procured and such analysis made with the consent of the person as provided in this section, whose bodily substance was so analyzed.
The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
(D) Chemical analysis of the person's blood or breath to be considered valid under this section must be performed according to uniform standards adopted by the state department of public health, in cooperation with the superintendent of state police, and by an individual possessing a valid permit issued by that department for this purpose.
(E) When an unconscious person or person otherwise incapable of refusal is given a blood test at the request of a law enforcement officer under the provisions of this section, only a physician authorized to practice medicine in all its branches, a registered nurse or other qualified person may withdraw blood, in a manner prescribed by the department of public health for the purpose of determining the alcoholic content therein.
(F) The person tested may have a physician authorized to practice medicine in all its branches, a qualified technician, chemist, registered nurse, or other qualified person of his own choosing, to administer a chemical test or tests, at his own expense, 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 does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(G) Upon the request of the person who submitted to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests must be made available to him or his attorney.
(H) Evidence of a refusal to submit to a chemical test is inadmissible in any civil action or proceeding, or in any action brought against him for a violation of this section. However, nothing in this subsection shall prevent the admission of evidence of such refusal in a hearing on the suspension of a person's privilege to operate a motor vehicle under 625 Illinois Compiled Statutes 5/11-501.1 of the Illinois motor vehicle code.
(I) Every person who is convicted of a violation of this section shall be guilty of a "misdemeanor" as defined in section 1-3-2 of this code. (Ord. 77-3, 6-6-1977)
Notes
| 1 | 1. See also subsection 7-7-1(A) of this title. |