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<br />,.. 2 <br />r::.:"; <br /> <br />TUESDAY <br /> <br />JULY 13, 1976 <br /> <br />Sec. 10.67. Procedures to be followed upon arrest of person for <br />violation of Section 10-65. <br /> <br />Pursuant to the provisions of Section 46.1-188 of the Code of <br />Virginia, as amended, all of the provisions and requirements of <br />sections 18.2-267 (formerly 18.1-54.1) and 18.2-268 (formerly <br />18.1-55.1) of the Code of Virginia (1950), as now stated and as <br />amended from time to time by the General Assembly, are hereby <br />adopted and made a part of this Article as fully as though set <br />out herein, being hereby incorporated by reference herein, and <br />are hereby made applicable within the city in all cases involving <br />a violation of section 10-65 of this Code, except that all fees <br />and costs provided for shall be paid out of the general fund of <br />the treasury of the city and such fees and costs, when taxed as <br />part of the costs of the criminal case, shall be paid unto the <br />general fund of the treasury of the city. <br /> <br />Sec. 10-69. Presumptions from alcoholic content of blood. <br /> <br />In any prosecution for a violation of section 10-65 of this <br />Code, the amount of alcohol in the blood of the accused at the <br />time of the alleged offense, as indicated by a chemical analysis <br />of a sample of the accused's blood or breath to determine the <br />alcoholic content of his blood in accordance with the provisions <br />of section 10-67 of this Code, shall give rise to the following <br />presumptions: <br />(1) If there was at that time 0.05 percent or less by <br />weight by volume of alcohol in the accused's blood, it <br />shall be presumed that the accused was not under the <br />influence of alcoholic intoxicants; <br /> <br />(2) If there was at that time in excess of 0.05 percent <br />but less than 0.10 percent by weight by volume of alcohol <br />in the accused's blood, such facts shall not give rise to <br />any presumption that the accused was or was not under the <br />influence of alcoholic intoxicants, but such facts may be <br />considered with other competent evidence in determining <br />the guilt or innocence of the accused; <br /> <br />(3) If there was at that time 0.10 percent or more by <br />weight by volume of alcohol in the accused's blood, it <br />shall be presumed that the accused was under the <br />influence of alcoholic intoxicants. <br /> <br />Sec. 10-71. Penalty; subsequent offense; prior conviction. <br /> <br />Any person violating any provision of section 10-65 of this <br />Code shall be guilty of a Class 2 misdemeanor and shall be <br />punished, for a first offense, by a fine of not more than five <br />hundred dollars or by confinement in jail for not more than six <br />