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by a person shall not preclude the admission of evidence relating <br />to the test or tests taken at the direction of a police officer. <br /> <br />be and the same is hereby amended to read as follows: <br /> <br /> 331.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER INFLUENCE; TESTS; <br /> PRESUMPTIONS. <br /> <br /> (a) No person who is under the influence of alcohol or any drug of <br /> abuse as defined in Section 3719.011(A) of the Ohio Revised <br /> Code shall operate or be in actual physical control of any <br /> ' vehicle within the City. <br /> <br /> (b) In any criminal prosecution for a Violation of this section <br /> relating to driving a vehicle while under the influence of <br /> alcohol,.the Municipal Court may admit evidence on the con- <br /> centration of alcohol in the defendant's blood at the time of <br /> the alleged violation as shown by chemical analysis of the <br /> defendant's blood, urine, breath or other bodily substance <br /> withdrawn within two hours of the time of such alleged violation. <br /> /i,.~. When a person submits to a blood test at the request of a police <br /> officer under Ohio R.C. 4511.191, only a physician or a registered <br /> -nurse shall withdraw blood for the purpose of determining the <br /> alcoholic content therein. This limitation does not apply to <br /> the taking of breath or urine specimens. Such bodily substance <br /> shall be analyzed in accordance with methods approved by the <br /> State Director of Health by an individual possessing a valid <br /> permit issued by the State Director of Health pursuant to Ohio <br /> R.C: 3701.143. Such evidence 'gives rise to the following: <br /> (1) If there was at that time a concentration of less <br /> than ten hundredths of one per cent by weight of <br /> .- alcohol, but more than five hundredths of one per <br /> cent by weight of alcohol in the defendant's blood, <br /> such fact shall not give'rise to any presumption that <br /> the defendant was or was not under the influence of <br /> <br />alcohol, but such fact may be considered with other <br />competent evidence in determining the guilt or innocence <br />of the defendant. <br /> <br />(2) <br /> <br />If there was at that time a concentration of ten <br />hundredths of one per cent or more by weight of <br />alcohol in the defendant's blood, it shall be presumed <br />that the defendant was under the influence of alcohol. <br /> <br />(3) <br /> <br />If there was at the time a concentration of five <br />hundredths of one per cent Or less by weight of <br />alcohol in the defendant's blood, it shall be presumed <br />that the defendant was not under the influence of <br />alcohol. <br /> <br />(c) <br /> <br />Upoff the request of the person who was tested, the results of <br />such test shall be made available to him, his attorney, or agent, <br />immediately upon the completion of the test analysis. <br /> <br />The person tested may have a physician, or a qualified tech- <br />nician, chemist, registered nurse, or other qualified person of <br />his own choosing administer a chemical test or tests in addition <br />to any administered at the direction of a police officer, and <br />shall be so advised. The failure or inability to obtain an <br />additional test by a person shall not preclude the admission of <br />evidence relating to the test or tests taken at the direction <br />of a police officer. - <br /> <br /> <br />