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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1973, BY AMENDING SECTIONS 21-19, 21-21, 21-22, <br />21-38 (a), 21-38 (d) AND 21-113 THEREOF PERTAINING TO <br />MISCELLANEOUS CRIMINAL OFFENSES. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That ~ 21-19, 21-21, 21-22, 21-38(a), 21-38(d), an~ <br />21-113 of the Code of the City of Portsmouth, Virginia, 1973, <br />be amended to read as follows. <br /> <br />Section 21-19. <br /> <br />Driving motor vehicles, engines, etc., while <br />intoxicated. <br /> <br /> It shall be unlawful for any person to drive o~ operate <br />any motor vehicle, engine or train (i) while such person has <br />a blood alcohol concentration of .10 per cent or more by <br />weight by volume as indicate~ by a chemical test administered <br />in accordance with the p~ovisions of ~21-21; o~ (ii) while <br />such person is under the influence of alcohol; or (iii) while <br />such person is under the influence of any narcotic drug or <br />any other self-administered intoxicant or drug of whatsoever <br />nature. For the purposes of this section, the te~m "motor <br />vehicle" shall include mopeds, while operated on the roads <br />and streets of the city and the public highways of the <br />commonwealth within the~ city. <br /> <br />Section 21-21. <br /> <br />Use of chemical test to determine alcohol in <br />blood; procedure, qualifications and <br />liability of person withdrawing blood; costs; <br />evidence; suspension of license for ~efusal <br />to submit to test. <br /> <br /> The provisions of §18.2-268 (a) through (s) of A~ticle <br />II of Chapter 7 of Title 18.2, of the Code of Virginia, <br />1950, as amended, in effect on July 1, 1986, a~e hereby <br />incorporated by reference and adopted as a part of this Code. <br /> <br />Section 21-22. P~esumptions from alcoholic content of blood. <br /> <br /> In any prosecution for a violation of 921-19 of the <br />amount of alcohol in the blood of the accused at the time of <br />the alleged offense as indicated by a chemical analysis of a <br />sample of the accused's blood or breath to determine the <br />alcoholic content of his blood in accordance with the <br />provisions of §21-19, shall give rise to the following <br />rebuttable presumptions: <br /> <br /> <br />