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<br />-,,,-~~ <br /> <br />-- <br /> <br />(s) The steps herein set forth relating to the taking, handling, identifica- <br />tion, and disposition of blood samples are procedural in nature and not substantive. <br />Substantial compliance therewith shall be deemed to be sufficient. Failure to comply <br />with anyone or more of such steps or portions thereof, or a variance in the results <br />of the two blood tests, shall not of itself be grounds for finding the defendant not <br />guilty, but shall go to the weight of the evidence and shall be considered as set <br />forth above with all the evidence in the case, provided that the defendant shall <br />have the right to introduce evidence on his own behalf to show noncompliance with <br />the aforesaid procedure or any part thereof, and that as a result his rights were <br />prejudiced. <br /> <br />Section 9-170.1. Driving automobile, engine, etc., while ability to drive is <br />impaired by alcohol. It shall be unlawful for any person to drive or operate any <br />automobile or other motor vehicle, car, truck, engine or train while such person's <br />ability to drive or operate such vehicle is impaired by the presence of alcohol in <br />his blood. A person's ability to drive or operate such a vehicle shall be deemed to <br />be impaired by the presence of alcohol in his blood within the meaning of this <br />section when such person has so indulged in alcoholic intoxicants as to lack the <br />clearness of intellect and control of himself which he would otherwise possess. <br /> <br />In every prosecution under Section 9-169 or under any similar ordinance of this <br />City, the offense with which the accused is charged shall be deemed to include the <br />offense punishable under this section; and, whenever in any such prosecution it <br />appears that the amount of alcohol in the blood of the accused at the time of the <br />alleged offense (as indicated by a chemical analysis of the accused's blood in <br />accordance with the provisions of Section 9-170 of this Code) is as much as 0.10 <br />per cent but less than 0.15 per cent by weight, it shall be presumed that the ability <br />of the accused was impaired within the meaning of this section. No person shall be <br />arrested, prosecuted or convicted for violation of this section except as a lesser <br />included offense of a prosecution for violation of Section 9-169 of this Code. <br /> <br />Every person violating the provisions of this section shall be guilty of a <br />misdemeanor and punished as provided in Section 1-6 of this Code; provided, that in <br />addition to such punishment, upon every such first conviction the judge shall suspend <br />the right of the accused to operate any motor vehicle upon the highways of this State <br />for a period of six months, and upon any second or subsequent such conviction within <br />a period of five years, such suspension shall be for a period of twelve months. <br />(1966,c .636) <br /> <br />Section 9-171. Same--Presumptions from alcoholic content of blood. <br /> <br />In any prosecution for a violation of Section 9-169 of this Code, or of a <br />similar ordinance of this City, the amount of alcohol in the blood of the accused at <br />the time of the alleged offense, as indicated by a chemical analysis of the accused's <br />blood in accordance with the provisions of Section 9-170 of this Code, shall give <br />rise to the following presumptions: <br /> <br />(1) If there was at that time 0.05 per cent or less by weight of alcohol in <br />__ the accused's blood, it shall be presumed that the accused was not under the <br />influence of alcoholic intoxicants; <br /> <br />-5- <br />