(A) No person shall drive or be in actual physical control of any vehicle within this village while:
(1) The alcohol concentration of the person's blood or breath is 0.10 or more, based on the definition of blood and breath units.
(2) Under the influence of alcohol.
(3) Under the influence of any other drug or combination of drugs to a degree which renders the person incapable of safe driving.
(4) Under the combined influence of alcohol and any other drug or drugs to a degree which renders the person incapable of safe driving.
(B) The fact that any person charged with violating division (A) above is or has been legally entitled to use alcohol or other drugs or any combination of both shall not constitute a defense against any charge of violating this section.
(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 alcohol, a concentration of alcohol in the person's blood or breath at the time of the act alleged, as shown by analysis of his blood, urine, breath, or other bodily substance analysis 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.
(D) 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.
(E) As used in this section, "ALCOHOL CONCENTRATION" shall mean either a difference of alcohol per 100 milliliters of blood or difference of alcohol per 210 liters of breath.
(Ord. 816, passed 1-20-82) Penalty, see § 70.99
Statutory reference:
For state law regulating driving while under the influence of alcohol, see ILCS Ch. 625, Act 5, § 11-501