19681217 1968-21ORDINANCE NO. 1968-21
AN ORDINANCE ADDING SECTION 13-82.1 TO CODE OF THE CITY OF FAIRFAX,
VIRGINIA TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE
WHILE HIS ABILITY TO DO SO IS IMPAIRED BY ALCOHOL IN HIS BLOOD.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia
that The Code of the City of Fairfax, Virginia be amended by adding
a section numbered 13-82.1 as follows:
"Sec. 13-82.1.
Drivin~ automobile: engine, etc., while
ability to drive is impaired by alcohol.
It shall be unlawful for any person to drive or operate any
automobile or other motor vehiie, car, truck, engine or
train while such person's ability to drive or operate such
vehicle is impaired by the presence of alcohol in his blood.
A person's ability to drive or operate such a vehicle shall
be deemed to be impaired by the presence of alcohol in his
blood within the meaning of this section when such person
has so indulged in alcoholic intoxicants as to lack the
clearness of intellect and control of himself which he
would otherwise possess.
In every prosecution under §13-81 of this Code the offense
with which the accused is charged shall be deemed to include
the offense punishable under this section; and whenever in
any such prosecution it appears that 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's
blood in accordance with the provisions of §13-82 is as
much as O.lO but less than 0.15 per cent by weight it shall
be presumed that the ability of the accused was impaired
within the meaning of this section. No person shall be
arrested, prosecuted or convicted for violation of this
section except as a lesser included offense of a prosecution
for violation of §13-81.
Every person violating the provisions of this section shall
be guilty of a misdemeanor and punished as provided in
§1-7 of this Code; provided, that in addition to such
punishment, upon every such first conviction the judge
shall suspend the right of the accused to operate any motor
vehicle upon the highways of this State for a period of
six months, and upon any second or subsequent such con-
viction, within a period of five years such suspension
shall be for a period of twelve months."
This ordinance shall take effect immediately upon its passage.
Introduced:
Adopted: December 17,
Attest: .~, '
City ~lerk
December 3, 1968.
1968.//