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• • • THE USE OF CHEMICAL TESTS TO DETERMINE THE AMOUNT OF ALCOHOL IN BLOOD, THE PROCEDURE, COSTS, EVIDENCE AND SUSPENSION OF LICENSE FOR REFUSAL TO SUBMIT TO TEST SHALL BE AS SET FORTH IN §18.1-55.15 VA. CODE ANN., AS AMENDED, WHICH SECTION IS HEREBY INCORPORATED BY REFERENCE IN THIS ORDINANCE. 19-90. PRESUMPTIONS FROM ALCOHOLIC CONTENT OF BLOOD. IN ANY PROSECUTION FOR A VIOLATION OF § 19-88, THE AMOUNT OF ALCOHOL IN THE BLOOD OF THE ACCUSED AT THE TIME OF THE ALLEGED OFFENSE AS INDICATED BY A CHEMICAL ANALYSIS OF THE ACCUSED IS BLOOD IN ACCORDANCE WITH THE PROVISIONS OF § 19-89, SHALL GIVE RISE TO THE FOLLOWING PRESUMPTIONS: (1) IF THERE WAS AT THAT TIME 0.05 PER CENT OR LESS BY WEIGHT OF ALCOHOL IN THE ACCUSED'S BLOOD, IT SHALL BE PRESUMED THAT THE ACCUSED WAS NOT UNDER THE INFLUENCE OF ALCOHOLIC INTOXICANTS; (2) IF THERE WAS AT THAT TIME IN EXCESS OF 0.05 PER CENT BUT LESS THAN 0.15 PER CENT BY WEIGHT OF ALCOHOL IN THE ACCUSED'S BLOOD, SUCH FACTS SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ACCUSED WAS OR WAS NOT UNDER THE INFLUENCE OF ALCOHOLIC INTOXICANTS, BUT SUCH FACTS MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING THE GUILT OR INNOCENCE OF THE ACCUSED; (3) IF THERE WAS AT THAT TIME 0.15 PER CENT OR MORE BY WEIGHT OF ALCOHOL IN THE ACCUSED'S BLOOD, IT SHALL BE PRESUMED THAT THE ACCUSED WAS UNDER THE INFLUENCE OF ALCOHOLIC INTOXICANTS. SJ 19-91. PENALTY; SUBSEQUENT OFFENSE; PRIOR CONVICTION. - - ANY PERSON VIOLATING ANY PROVISION OF § 19-88 SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED, FOR A FIRST OFFENSE BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS, OR BY CONFINEMENT IN JAIL FOR NOT LESS THAN ONE MONTH NOR MORE THAN SIX MONTHS, EITHER OR BOTH IN THE DISCRETION OF THE JURY OR THE COURT TRYING THE CASE WITHOUT A JURY. ANY PERSON CONVICTED WITHIN ANY PERIOD OF TEN YEARS OF A SECOND OR OTHER SUBSEQUENT OFFENSE UNDER § 19-88, OR CONVICTED OF A FIRST OFFENSE UNDER § 19-88, AFTER HAVING BEEN CONVICTED WITHIN A PERIOD OF TEN YEARS PRIOR THERETO OF AN OFFENSE UNDER FORMER S 18-39, SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS AND BY CONFINEMENT IN JAIL FOR NOT LESS THAN ONE MONTH NOR MORE THAN ONE YEAR. FOR THE PURPOSES OF THIS SECTION A CONVICTION OR FINDING OF NOT INNOCENT IN THE CASE OF A JUVENILE UNDER THE PROVISIONS OF 3 19-88, FORMER 5 18-39, THE ORDINANCE OF ANY COUNTY, CITY OR TOWN IN THIS STATE OR THE LAWS OF ANY OTHER STATE SUBSTANTIALLY SIMILAR TO THE PROVISIONS OF §§ 18.1-54 THROUGH 18.1-57 OF THE CODE OF VIRGINIA SHALL BE CONSIDERED A PRIOR CONVICTION. 19-92. SAME; FORFEITURE OF DRIVER'S LICENSE; SUSPENSION OF SENTENCE. - - THE JUDGMENT OF CONVICTION, OR FINDING OF NOT INNOCENT IN THE CASE OF A JUVENILE, IF FOR A FIRST OFFENSE UNDER § 19-88, SHALL OF ITSELF OPERATE TO DEPRIVE THE PERSON SO CONVICTED OR FOUND NOT INNOCENT OF THE RIGHT TO DRIVE OR OPERATE ANY SUCH VEHICLE, CONVEYANCE, ENGINE OR TRAIN IN THIS STATE FOR A PERIOD OF ONE YEAR FROM THE DATE OF SUCH JUDGMENT, AND IF FOR A SECOND OR OTHER SUBSEQUENT OFFENSE WITHIN TEN YEARS THEREOF FOR A PERIOD OF THREE YEARS FROM THE DATE OF THE JUDGMENT OF CONVICTION OR FINDING OF NOT INNOCENT THEREOF, ANY SUCH PERIOD IN EITHER CASE TO RUN CONSECUTIVELY WITH ANY PERIOD OF SUSPENSION FOR FAILURE TO PERMIT A BLOOD SAMPLE TO BE TAKEN AS REQUIRED BY § 19-89. IF ANY PERSON HAS HERETOFORE BEEN CONVICTED OR FOUND NOT INNOCENT OF VIOLATING ANY SIMILAR ACT OF THIS STATE AND THEREAFTER IS CONVICTED OR FOUND NOT INNOCENT OF VIOLATING THE PROVISIONS OF § 19-88, SUCH CONVICTION OR FINDING SHALL FOR THE PURPOSE OF THIS SECTION AND § 19-91 BE A SUBSEQUENT OFFENSE AND SHALL BE PUNISHED ACCORDINGLY; AND THE COURT MAY, IN ITS DISCRETION, SUSPEND THE SENTENCE DURING THE GOOD BEHAVIOR OF THE PERSON CONVICTED OR FOUND NOT INNOCENT. • CLERK � ADOPTED BY THE COUNCIL JULY 20, 1964 AYES: MR. HAGGERTY, MR. LEE, MR. MOUNT, MR. PONTON AND MR. SCRIBNER. NOES: NONE.