O-71-30ORDINANCE NO. 0- 71 -30
AN ORDINANCE AMENDING SECTION 20.602 OF CHAPTER 20
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
Published in pamphlet form
this' 2nd day of August ,
1971, by the President and
Board of Trustees of the
Village of Deerfield.
ORDINANCE NO. 0 -71- 30
AN ORDINANCE AMENDING SECTION 20.602 OF CHAPTER 20
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS
FOLLOWS:
SECTION That Section 20.602 of Chapter 20 of the
ONE: Municipal Code of Deerfield of 1963, as amended,
be and the same is hereby further amended by adding the following
subsections thereto:
"(a) Upon the trial of any action or proceeding
arising out of the acts alleged to have been committed
by any person while driving or in actual physical control
of a vehicle while under the influence of intoxicating
liquor, evidence of the amount of alcohol in the person's
blood at the time of the act alleged as shown by a chem-
ical analysis of his breath, blood, urine, saliva or other
bodily substance is admissible, as provided hereinafter
in this Subsection (a) and the result of any such analy-
sis shall give rise to the following presumptions:
1. If there was at the time of such analysis
0.05 per cent or less by weight of alcohol in
the person's blood, it shall be presumed that
the person was not under the influence of
intoxicating liquor;
2. If there was at the time of such analysis
in excess of 0.05 per cent but less than 0.10
per cent by weight of alcohol in the person's
blood, such fact shall not give rise to any
presumption that the person was or was not under
the influence of intoxicating liquor, but such
fact may be considered with other competent
evidence in determining whether such person was
under the influence of intoxicating liquor;
3. If there was at the time of such analysis
0.10 per cent or more by weight of alcohol in
the person's blood, it shall be presumed that
the person was under the influence of intoxicating
liquor.
Per cent by weight of alcohol in the blood
shall be based upon grams of alcohol per 100
cubic centimeters of blood. Evidence based upon
a chemical analysis of blood, urine, breath or
other bodily substance shall not be admitted
i
unless such substance
analysis made with the
whose bodily substance
was procured and such
consent of the person
was so analyzed.
"The foregoing provisions of this Subsection (a)
shall not be construed as limiting the introduction of any
other competent evidence bearing upon the question of
whether or not the defendant was under the influence of
intoxicating liquor.
"(b) Chemical analysis of the person's blood or breath
to be considered valid under this Section must be performed
according to uniform standards adopted by the State Department
of Public Health, in cooperation with the Superintendent of
State Highway Police, and by an individual possessing a valid
permit issued by that Department for this purpose. The State
Department of Public Health is authorized to approve satis-
factory techniques or methods to ascertain the qualifications
and competence of individuals to conduct such analysis and to
issue permits which shall be subject to termination or revoca-
tion at the discretion of the State Department of Public
Health.
"(c) When an unconscious person or person otherwise
incapable of refusal is given a blood test at the request•
of a law enforcement officer under the-provisions of this
Section, only a physician authorized to practice medicine in
all its branches, a registered nurse or other qualified person
may withdraw blood, in a manner prescribed by the Department
of Public Health for the purpose of determining the alcoholic
content therein.
"(d) The person tested may have a physician authorized
to practice medicine in all its branches, a qualified techni-
cian, chemist, registered nurse-or other qualified person of
his own choosing to administer a chemical test or tests, at
his own expense, in addition to any administered at the direc-
tion of a law enforcement officer. The failure or inability
to obtain an additional test by a person does not preclude
the admission of evidence relating to the test or tests taken
at the direction of a law enforcement officer.
"(e) Upon the request of the person who submitted to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests must
be made available to him or his attorney.
"(f) Evidence of a refusal to submit to a chemical test
is inadmissible in any civil action or proceeding, or criminal
action under this Section."
SECTION That all ordinances or parts of ordinances in
"TWO: conflict herewith, are, to the extent of such
conflict, hereby repealed.
SECTION That the Village Clerk is hereby directed to
THREE: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
FOUR: effect from and after its passage, approval and
publication as provided by law.
AYES: FOUR (4 )
NAYS: NONE (0)
ABSENT: TWO (2)
PASSED this 2nd day of August A.D.-1971.
APPROVED this 2nd day of August A. D. 1971.
ATTEST:
&Z&-- �� -e- IQ";-
VILLAGE CLERK
VILLAGE PRESIDENT