(A) No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within the Village.
(B) No 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 to a degree which renders him or her incapable of safely driving a vehicle may drive or be in actual physical control of any vehicle within the Village. The fact that a person charged with a violation of this chapter is or has been entitled to use the drug under the laws of the state does not constitute a defense against any charge of violation of this division.
(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 or her breath, blood, urine, saliva or other bodily substance is admissible, as provided hereinafter in this subchapter, and the result of any such analysis shall give rise to the following presumptions:
(1) If there was, at the time of the analysis, 0.05% or less by weight of alcohol in the person's blood, it shall be presumed the person was not under the influence of intoxicating liquor.
(2) If there was, at the time of the analysis, in excess of 0.05% but less than 0.10% by weight of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the person was under the influence of intoxicating liquor.
(3) If there was, at the time of the analysis, 0.10% or more by weight of alcohol in the person's blood, it shall be presumed the person was under the influence of intoxicating liquor.
(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. Evidence based upon a chemical analysis of blood, urine, breath or other bodily substance shall not be admitted unless the substance was procured and the analysis made with the consent of the person, as provided by state law, whose bodily substance was analyzed.
(5) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of 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 the State Highway 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 chapter, 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 or her own choosing to administer a chemical test, at his or her 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 taken at the direction of a law enforcement officer.
(G) Upon the request of the person who submitted to a chemical test at the request of a law enforcement officer, full information concerning the test 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 action under this section. Nothing in this section shall prevent the admission of evidence of the refusal in a hearing on the suspension of a person's privilege to operate a motor vehicle.
('73 Code, § 21-36) (Ord. 62-610, passed 10-1-62)