Laserfiche WebLink
tests- administered by any qualififed person of his choosing as ' <br /> provided elsewhere in this section. The officer shall warn the <br /> driver that his privilege to drive will be revoked or denied if • <br /> he refuses to submit to the test. Unless the person to be <br /> tested is unconscious , the chemical test administered shall be <br /> of his breath only. <br /> Any person who is dead, unconscious or who is otherwise in a <br /> condition rendering him incapable of refusal, shall be deemed not <br /> to have withdrawn the consent provided by this section, and the <br /> test or tests may be administered, subject to the provisions <br /> hereof. <br /> If, following his arrest, the person arrested refuses upon the <br /> request of a law enforcement officer to submit to a chemical <br /> test of his breath, after being informed that his refusal will <br /> result in the revocation or denial of his privilege to drive, <br /> no test shall be given. The law enforcement officer shall forward <br /> to the Department of Motor Vehicles a sworn report that he had <br /> reasonable grounds to believe that the arrested person had been <br /> driving or was in actual physical control of the motor vehicle <br /> upon the streets or alleys of the city or upon private or public <br /> property while under the influence of intoxicating liquor, and <br /> that the person has refused to submit to the test upon the <br /> request of the law enforcement officer after being informed that <br /> such refusal would result in the revocation or denial of his <br /> privilege to drive. <br /> In any criminal prosecution for a violation of the provisions of <br /> this section relating to the operation or control of a motor <br /> vehicle upon the streets or alleyways or upon private or <br /> public property of the city, the amount of alcohol in a person ' s <br /> blood at the time alleged as shown by chemical analysis of <br /> his blood, breath or other bodily substance shall give rise to <br /> the following presumptions : <br /> If there was at that time 0. 05 percent or less by weight of <br /> alcohol in the person ' s blood, it shall be presumed that he was <br /> not under the influence of intoxicating liquor; <br /> If there was at that time in excess of 0.05 but less than 0 . 10 <br /> percent by weight of alcohol in the person' s blood, such fact <br /> shall not give rise to any presumption that the person was or <br /> was not under the influence of intoxicating liquor, but such <br /> fact may be considered with other competent evidence in <br /> determining whether the person was under the influence of <br /> intoxicating liquor; <br /> If there was at that time 0. 10 percent or more weight of <br /> alcohol in the persons ' s blood, it shall be presumed that he <br /> was under the influence of intoxicating liquor; <br /> Percent by weight of alcohol in the blood shall be based upon <br /> milligrams of alcohol per one hundred cubic centimeters of <br /> blood. <br /> The foregoing provisions of this section shall not be construed <br /> as limiting the introduction of other competent evidence bearing <br /> upon the question of whether the person was under the influence <br /> of intoxicating liquor. Chemical analysis of the person ' s blood <br /> or breath to be considered valid under the provisions of this <br /> section shall have been performed according to methods approved <br /> by the state toxicologist and by an individual possessing a <br /> valid permit issued by the state toxicologist for this purpose. <br /> When a blood test is administered in accordance with this <br /> section, the withdrawal of blood for the purpose of determining <br /> its alcoholic content may be performed only by a physician, a <br /> registered nurse, or a qualififed technician. This limitation <br /> shall not apply to the taking of breath specimens . <br /> -32- <br />