Ordinance 3649 - Laserfiche WebLink

Section 4: That Section 116 of Ordinance No. 3211. be, and the same is hereby amended to read as follows : Section 116: DRIVING WHITE INTOXICATED. It shall be unlawful and punishable as herein provided for any person who is under the influence of or affected by the use of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of any vehicle upon the public streets or alleys of this city or over, along or upon private or public property in this City. In any criminal prosecution for a violation of the pro- visions of this section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant ' s blood at the time alleged as shown by chemical analysis of the defendant' s blood, urine, breath or other bodily substance shall give rise to the following presumptions : If there was at that time 0.05 per cent or less by weight of alcohol in the defendant ' s blood, it shall be presumed that the defendant was not under the influence of in- toxicating liquor; If there was at that time in excess of 0.05 percent but less than 0.15 percent by weight of alcohol in the defendant ' s blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; If there was at that time 0. 15 percent or more by weight of alcohol in the defendant ' s blood it shall be presumed that the defendant was under the influence of intoxicating liquor. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. Nothing herein contained shall be construed as requiring any person to submit to a chemical analysis of his blood, and the refusal to submit to such an analysis shall not be admissable in evidence in any criminal prosecution for a violation of the provisions of this section or in any civil action. It shall be unlawful and punishable as herein provided for any person who is a habitual user of or under the influence of any narcotic drug or who is under the in- fluence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive upon the public streets or alleys of this city or over, along or upon private or public property in this city. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge violating this section.