A. Drugs:
1. No person shall drive, operate or be in actual physical control of any motor vehicle upon any highway who is under the influence of an substance included in the Uniform Controlled Dangerous Substances Act. The fact that any person charged with a violation of this provision is or has been lawfully entitled to use such controlled substance shall not constitute a defense.
2. Any person who violates this subsection shall be guilty of an offense and upon conviction thereof, shall be punished as provided in Section 1-4-1 of this Code. (1988 Code § 15-527)
B. Alcohol:
1. 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.
2. 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 Section 1-4-1 of this Code.
3. 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 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 blood or breath is admissible, administered within two (2) hours after the arrest of such person. For the purpose of this subsection:
a. Evidence that there was five-hundredths of one percent (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;
b. Evidence that there was more than five-hundredths of one percent (0.05%) by weight of alcohol in the person's blood is relevant evidence of operating a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor; however, no person shall be convicted while his ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than five-hundredths of one percent (0.05%) by weight of alcohol in the person's blood in the absence of additional evidence that such persons' 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; and
c. Evidence that there was ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood shall be admitted as prima facie evidence that 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 one hundred (100) milliliters of blood. The provisions of this subsection 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.
4. The officer making an arrest for violation of this or subsection A of this Section, shall have the choice of which test which shall be given and after taking the test, the person arrested may have an additional test of his choice at the cost of the arrested person and that the City has a right to a sample of any additional tests. (1988 Code § 15-528)
C. Filing Charges; Jurisdiction Of Court: In any case in which a defendant is charged with a first offense of driving under the influence of alcohol or other intoxicating substance offense, the charge may be filed in either the City Municipal Court or the County District Court, upon the recommendation of the City Attorney or the District Attorney. In any case in which a defendant is charged with a second or subsequent driving under the influence of alcohol or other intoxicating substance offense within the City, the charge shall be filed with the County District Court. (2000 Code)