133 Driving Under the Influence
aS4~
ORDINANCE NO. 133
AMENDING TITLE 10, CHAPTER 1 OF THE ORDINANCES OF THE CITY OF MERIDIAN, BY CHANG"
ING SECTION 10-138, TO INCLUDE ADDITIONAL RESTRICTIONS, STANDARDS, AND PENALTIES
RELATING TO THE PROHIBITION OF DRIVING WHILE UNDER THE INFLUENCE OF LIQUOR OR
NARCOTICS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA
COUNTY, IDAHO:~
Section 1. Title 10, Chapter 1, Section 10-138 of the Ordinances of the
the City of Meridian is hereby amended to read as follows::
10-138:: DRIVING WHILE UNDER INFLUENCE OF LIQUOR OR NARCOTICS PROHIBITED::
a. It is unlawful and punishable as provided in paragraph (d) of this section for
any person who is under the influence of intoxicating liquor to drive or be in
actual physical control of any vehicle with in this City. '
b. In any criminal prosecution for a violation of paragraph (a) 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 drfendant's blood, urine, breath, or other bodily
substance shall give rise to the following presumptions~
I
(1.) If there was at the time 0.05 percent or less by weight of alcohol in
the defendant's blood, it shall be presumed that the defendant was not under the
influence of intoxicating liquor;
(2.) If there was at the 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 pres~ption 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;
(3.) If there was at the 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 in-
fluence of intoxicating liquor;
(4.) The foregoing provisions of paragraph (b) 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.
c. It is unlawful and punishable as provided in paragraph (d) of~his-se~~~~n
for any person who is a habitual user of, or under the influence of any-~nar:GQtic -~:..._
drug, or who is under the influence of any other drug to a degree whith- renders -- >~,:-=:.
him incapable of safely driving a vehicle to drive a vehicle within this "efty. .' ','_--:-;.:::
The fact that any person charged with a violation of this paragraph iso~~eeri~~
entitled to use such drug under the laws of the State of Idaho shall not-consti.- :: 2
- '-,
tute a defense against any charge of violating this paragraph. --_'-__, ;~
~. Every person who is convicted of
punished by imprisonment in the municipal
by fine of not less than $100.00 nor more
prisonment.
........ ,:~
a violation of this section shall 1>"e..'- "",:---
. -.... ,
jail for not more than thirty--daye~ or': '
than $300.00 or by both fine and im-
WHEREAS, There is an emergency therefor, which emergency is hereby declared I
to exist, this Ordinance shall take effect and be in force and effect from and
after its passage, approval and publication as required by law., _,
Passed by the City Council and approved by the Mayor of the City of Meridian,
Ada County, Idaho, this ~ day of February, 1965.
\;\AI
ATTEST:
"
-~~
,'" /
}'<' ,VI( e 'l
I ),' t ',)'