9-1-4: PERSONS UNDER THE INFLUENCE OF LIQUOR OR DRUGS:
   A.   It is unlawful and punishable as provided in subsection E of this section for any person who is under the influence of intoxicating beverages to drive or be in actual physical control of any motor vehicle within this state.
   B.   In any criminal prosecution for a violation of subsection A of this section relating to driving a motor vehicle while under the influence of intoxicating beverages, the amount of alcohol in the defendant's blood at the time of the alleged offense as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
      1.   If there was at the time eight-hundredths percent (.08%) by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;
      2.   If there was at that time more than eight-hundredths percent (.08%) by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating beverages;
      3.   Percent by weight of alcohol in blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood. Chemical analysis of blood, urine or breath for the purpose of determining the blood alcohol level shall be performed by a laboratory operated by the Idaho department of health and welfare or by a laboratory approved by the Idaho department of health and welfare under the provisions of approval and certification standards to be set by that department;
      4.   The foregoing provisions of subsection B of this section 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 beverages.
   C.   It is unlawful and punishable as provided in subsection E of this section for any person who is a habitual user of, or under the influence of any narcotic drug, or who is under the influence of any other drug or any combination of intoxicating liquor and any drug to a degree which renders him incapable of safely driving a motor vehicle, to drive a motor vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.
   D.   It is unlawful and punishable as provided in subsection E of this section for any person who is under the influence of any other intoxicating substance or any combination of any intoxicating liquor, any drug and any other intoxicating substance to a degree which renders him incapable of safely driving a motor vehicle, to drive a motor vehicle within this state.
   E.   Every person who is convicted of a violation of this section shall be punished as provided in section 1-4-1 of this code. In addition, and upon conviction of driving while under the influence of intoxicants, the court shall demand the delivery of and shall receive the driver's license as provided by law. (1977 Code)