§ 70-302. Operation of vehicle by person under the influence of alcohol or drugs.

(a)

It shall be unlawful for any person who is under the influence of alcohol or drugs to a degree which renders him incapable of safely driving a vehicle to be physically driving or operating any vehicle within this city. The fact that any person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(b)

Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while physically driving or operating a vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, breath, saliva, urine or other bodily substance shall give rise to the following presumptions or create the following prima facie evidence except as provided in section 70-305:

(1)

If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol.

(2)

If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3)

If there was at that time 0.08 percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was under the influence of alcohol.

Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or 210 liters of breath and may be shown by chemical analysis of the blood, breath, saliva, urine or other bodily substance. The provisions of subsections (b)(1) through (3) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol. Chemical analyses of the person's blood, breath, saliva, urine or other bodily substance to be considered valid under the provisions of this section shall have been performed according to methods approved by the state department of health and senior services by licensed medical personnel or by an individual possessing a valid permit issued by the state department of health and senior services of the state for this purpose. When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of this section, only a licensed physician, registered nurse or trained medical technician may withdraw blood at the place of such medical professional's employment for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath, saliva, urine or other bodily substance specimens. The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer a chemical test or tests 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 shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

(c)

Any person who is found guilty of violating this section shall be punished by imprisonment not to exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00, or by both such imprisonment and fine.

(d)

For the purpose of this section, the record kept by the clerk of the court in which the person was convicted, or certified copies of such records, or official records or copies thereof kept by any state, shall be admissible as prima facie evidence of such conviction.

(Code of Gen. Ords. 1967, §§ 34.116, 34.117; Ord. No. 41525, 10-20-72; Ord. No. 46196, 1-23-76; Ord. No. 48673, 2-2-78; Ord. No. 56381, 8-16-84; Ord. No. 920256, 3-26-92; Ord. No. 021093, § 1, 9-12-02; Ord. No. 150526 , § 1, 7-2-15)