A. 1. It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection hereafter, or more, as shown by analysis of his blood, urine, breath, or other bodily substance, to be a pedestrian who is under the influence of alcohol or drugs to a degree which renders them a hazard and who walk or are otherwise upon a highway except on a sidewalk, or regarding persons who are using or are under the influence of controlled substances or narcotic drugs and who are on public property, roadways or conveyances or on private property open to the public and such person is guilty of a misdemeanor.
2. For purposes of this section, an evidentiary test for alcohol concentration is a determination of the percent by weight of alcohol in blood and shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten liters (210 L) of breath or sixty seven milliliters (67 mL) of urine. Analysis of blood, urine or breath for the purpose of determining the blood alcohol concentration shall be performed by a laboratory operated by the Idaho State Police or by a laboratory approved by the Idaho State Police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho State Police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho State Police or by any other method approved by the Idaho State Police shall be admissible in any proceeding in this State without the necessity of producing a witness to establish the reliability of the testing procedure for examination.
3. Any person found in violation of this section and found guilty thereof, may be subjected to the penalties for a misdemeanor as amended or modified in Idaho Code section 18-113. (Ord. 07-532, 1-15-2008)