§ 70-304. Operation of vehicle by person with blood-alcohol content of 0.08 percent or more.

(a)

It is unlawful for any person to physically drive or operate a vehicle within the city when the person has 0.08 percent or more by weight of alcohol in his or her blood.

(b)

Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while operating a vehicle with a blood-alcohol content of 0.08 percent or more by weight, 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 person's blood, breath, saliva, urine or other bodily substance.

(c)

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 for this purpose.

(d)

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 his 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.

(e)

The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person of his or her 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.

(f)

Any person 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.

(Code of Gen. Ords. 1967, § 34.119; Ord. No. 45886, 10-9-75; Ord. No. 56381, 8-16-84; Ord. No. 021093, § 1, 9-12-02; Ord. No. 150526 , § 1, 7-2-15)