Ordinance 788 - Driving Under the Influence271
ORDINANCE No. 788
AN ORDINANCE TO AMEND ORDINANCE NO. 17-23, KALISPELL CITY CODE;
AN ORDINANCE TO PROVIDE FOR THE REGULATION OF PERSONS DRIVING A
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR
DRUGS; DECLARING AN EMERGENCY AND PROVIDING FOR EFFECTIVE DATE
HEREOF" REPEALING CONFLICTING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1.
(a) It shall be unlawful and punishable as provided in paragraph
f(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
motor vehicle upon any street or highway of the city.
(b) In any criminal prosecution for 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 defend
ant's blood, urine, breath or other bodily substance, 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 defendant's blood, it shall be presumed that the defend
ant was not under the influence of intoxicating liquor.
2. If there was at that time in excess of 0.05 percent but less
than 0.10 per cent �Dy weight of alcohol in the defendant's blood, such
fact shall not give rise to any presumption 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 that time 0.10 per cent or more by weight of
alcohol in the defendant's blood, it shall be presumed that the
defendant was under the influence of intoxicating liquor.
4. Per cent by weight of alcohol in the blood shall be based
upon grams of alcohol per one, hundred (100) cubic centimeters of blood.
5. The preceding provisions of this paragraph 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 this section for any person who is an habitual user of or under
the influence of any narcotic drug or who is under the influence of
any other drug to a degree which renders him incapable of safely
driving a motor vehicle to drive a motor vehicle within the city.
The fact that any person charged with a violation of this paragraph is
or has been entitled to use such a drug under the laws of this state
shall.not constitute a defense.against any charge of violatingjthis
paragraph.
(d) Every person who is convicted of a violation of this
section shall be punished by imprisonment in the city jail for not
more than six months or by a fine of not less than one hundred dollars
or more than five hundred dollars or by both such fine and imprisonment.
On a second conviction he shall be punished by imprisonment in the city
jail for not."less than ten days nor more than six months, to which may
be added, at the discretion of the court a fine of not less than three
hundred dollars nor more than five hundred dollars. On the third or
subsequent conviction he shall be punished by imprisonment for a term
of not less than thirty days nor more than one year, to which may be
added`at the discretion of the court a fine of not less than five
hundred dollars nor more than one thousand dollars.
.� l
272
y-
SECTION 2.
All other sections of the Kalispell City Code in conflict
herewith are hereby repealed.
SECTION 3.
An emergency is hereby declared to exist and this ordinance
shall become effective immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND
APPROVED BY THE MAYOR, this Gth day of July, 199/71,
mayor
I, George Beardslee,, City ClerjCitY
lispell,
Mon na, certify that
on the 15thday of July
I pos
the foregoing
ordinancein my office, andChsted
for
iod of five days, and
the foregoing is a true and coordinanc
a passed by the
City Council.
Ci
of Kalispell, Montana