§ 656. Alcohol chemical analysis—impaired ability—penalty

A.

Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while under the influence of alcohol or intoxicating liquor, evidence of the amount of alcohol in the person's blood as shown by a chemical analysis of his blood or breath is admissible. For the purpose of this section:

1.

Evidence that there was five-hundredths ( 5/100 ) of one percent or less by weight of alcohol in his blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor;

2.

Evidence that there was more than five-hundredths ( 5/100 ) of one percent by weight of alcohol in the person's blood is relevant evidence of operating a motor vehicle while his ability to operate such vehicle is impaired by the consumption of alcohol or intoxicating liquor; however, no person shall be convicted of the offense of operating a motor vehicle while his ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than five-hundredths ( 5/100 ) of one percent by weight of alcohol in the person's blood in the absence of additional evidence that such person's driving was affected by such consumption of alcohol to the extent that the public health and safety was threatened or that such person had violated a state statute or local ordinance in the operation of a motor vehicle;

3.

Evidence that there was eight-hundredths ( 8/100 ) of one percent or more by weight of alcohol in his blood shall be admitted as prima facie evidence that the person was under the influence of alcohol or intoxicating liquor;

4.

Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood; and

5.

To be admissible, such evidence must first be qualified by establishing that such specimen was obtained from the subject within not more than two (2) hours of the arrest of the subject.

B.

Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), excluding costs and assessments, and/or by imprisonment in the City jail for not more than ninety (90) days.

(Ord. Nos. 16922, 18454, 20185)