(A) Any test made under this article or the state statutes, if made in conformity with the requirements of this section, shall be competent evidence in any prosecution involving operating a motor vehicle while under the influence of alcoholic liquor or drugs, or involving driving or being in actual physical control of a motor vehicle when the concentration of alcohol in the blood or breath is in excess of allowable levels.
(B) To be considered valid, tests of blood, breath, or urine made under this article or the state statutes shall be performed according to methods approved by the State Department of Health and an individual possessing a valid permit issued by such Department for such purpose, except that a physician, registered nurse, or other trained person employed by a licensed institution or facility as defined in the state statutes or clinical laboratory certified pursuant to the Federal Clinical Laboratory Improvement Act of 1967 being § 353 of the Public Health Service Act, as amended, or Title XVIII or XIX of the Federal Social Security Act being 42 U.S.C. §§ 1395 et seq. to withdraw human blood for scientific medical purposes, acting at the request of a peace officer, may withdraw blood for the purpose of a test to determine the alcohol concentration or the presence of drugs, and no permit from the Department shall be required for such person to withdraw blood pursuant to such an order.
(C) Relevant evidence shall not be excluded in any prosecution involving operating a motor vehicle while under the influence of alcoholic liquor or drugs, or involving driving or being in actual physical control of a motor vehicle when the concentration of alcohol in the blood, breath, or urine is in excess of allowable levels on the ground that the evidence existed or was obtained outside of this state.
(Ord. 3343, passed - -1994)