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333.01 TRAFFIC CODE 50 <br />(b) Operation After Under-Age Consumption. No person under twenty-one years of age <br />shall operate any vehicle within this Municipality, if any of the following apply: <br />(1) The person has a concentration of at least two-hundredths of one per cent <br />but less than ten-hundredths of one per cent by weight of alcohol in the <br />person's blood; <br />(2) The person has a concentration of at least two-hundredths of one gram but <br />less than ten-hundredths of one gram by weight of alcohol per two <br />hundred ten liters of the person's breath; <br />(3) The person has a concentration of at least twenty-eight one-thousandths of <br />one gram but less than fourteen-hundredths of one gram by weight of <br />alcohol per one hundred milliliters of the person's urine. <br />(c) One Conviction Limitation. In any proceeding arising out of one incident, a person <br />may be charged with a violation of subsection (a)(1) hereof and a violation of subsection (b)(1), <br />(2) or (3) hereof, but the person may not be convicted of more than one violation of these <br />subsections. <br />(d) Physical Control Generally No person shall be in actual physical control of any <br />vehicle within the Municipality, if any of the following apply: <br />(1) The person is under the influence of alcohol, a drug of abuse, or alcohol <br />and a drug of abuse; <br />(2) The person has a concentration of ten-hundredths of one per cent or more <br />by weight of alcohol in the person's blood; <br />(3) The person has a concentration of ten-hundredths of one gram or more by <br />weight of alcohol per two hundred ten liters of the person's breath; <br />(4) The person has aconcentration offourteen-hundredths of one gram or more <br />by weight of alcohol per one hundred milliliters of the person's urine; <br />(e) Physical Control by Minors. No person under twenty-one years of age shall be in <br />actual physical control of any vehicle within this Municipality, if any of the following apply: <br />(1) The person has a concentration of at least two-hundredths of one per cent <br />but less than ten-hundredths of one per cent by weight of alcohol in the <br />person's blood; <br />(2) The person has a concentration of at least two-hundredths of one gram but <br />less than ten-hundredths of one gram by weight of alcohol per two <br />hundred ten liters of the person's breath; <br />(3) The person has a concentration of at least twenty-eight one-thousandths of <br />one gram but less than fourteen-hundredths of one gram by weight of <br />alcohol per one hundred milliliters of the person's urine. <br />(f) (1) Evidence: Tests; Immunity. In any criminal prosecution or juvenile court <br />proceeding for a violation of this section, the court may admit evidence <br />on the concentration of alcohol, drugs of abuse, or alcohol and drugs of <br />abuse in the defendant's blood, breath, urine or other bodily substance at <br />the time of the alleged violation as shown by chemical analysis of the <br />defendant's blood, urine, breath or other bodily substance withdrawn <br />within two hours of the time of the alleged violation. <br />2000 Replacement <br />