(A) In any criminal prosecution for a violation of § 71.39 (A) and (B), wherein the defendant is charged with having operated a vehicle while under the influence of intoxicating beverages, the amount of alcohol in the defendant's blood, as determined at the time of making a chemical analysis of his blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was 0.05% or less by weight of alcohol in the blood, it shall be presumed that the defendant was not under the influence of intoxicating beverages;
(2) If there was more than 0.05%, but less than 0.10% by weight of alcohol in the blood, this fact shall not constitute a presumption that the defendant either was or was not under the influence of intoxicating beverages, but such fact may be considered, together with other competent evidence in determining the guilt or innocence of the defendant;
(3) If there was 0.10% or more by weight of alcohol in the blood, it shall be presumed that the defendant was under the influence of intoxicating beverages.
(B) Division (A) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the defendant was under the influence of intoxicating beverages.
(C) No person may be compelled to submit to any test specified in division (A), but his refusal to submit to the test shall subject him to the penalties provided by state law.
(D) Only a physician, registered nurse or qualified medical technician, duly licensed in Kentucky, acting at the request of the arresting officer can withdraw any blood of any person submitting to a chemical test under this section or KRS 186.565.
(E) The person tested shall be permitted to have a duly licensed physician of his own choosing administer a chemical test in addition to the one administered at the direction of the police officer.
(KRS 189.520)