(A) 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, 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 that 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, the facts 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 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 that the person was under the influence of intoxicating liquor.
(B) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters (100 ml) of blood or grams of alcohol per 210 liters (210 l) of breath.
(1986 Code, § 14-92) (Ord. 1981-9, passed 7-20-1981)