11-83 Amend Traffic Code - DUI - Laserfiche WebLink

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~! (1) If there was at that time a concentration of less ihan ten hundredths of one percent by weight of alcohol, but more than five hundredths of one percent by weight of alcohol, in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under thc influence of alcohol, but such fact may be considered with other competent evidence in determinipg the guilt or innocence of the defendant. (2) If there was at that time a concentration of ten hundredths of one percent or more by weight of alcohol in the defendant's blood, it shall be pre- sumed that the defendant was under the influence of alcohol. (3) If there was at the time a concentration of five hundredths of one percent or less by weight of alcohol in the defendant's blood, it shall be presumed that thc defendant was not under the influence of alcohol. Upgn the request of iJ~e person who was tested, the results of such test sh~l be made available to him, his attorney or agent, immediately upon tile completion of the test analysis. The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer a chemical test or tests in addition to ~-my administered at the direction of a police officer, and 'shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a police officer. (CRC 4511.19) shall be and the same is hereby amended to read as follows: 333.01 DRIVING OR PHYSICAL CONTROL WHILE. UNDER THE INFLUENCE; EVIDENCE. (a) Operation. No person shall operate any vehicle within the Munici- pality if any of the following apply: (1) The person is under the influence of alcohol or any drug of abuse, or the combined influence of alcohol and any drug of abuse; (2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood; (3) The person has a concentration of ten-hundredths (0. I0) of one gram or more by weight of alcohol per 210 liters of his breath; (4)The person has a concentration of fourteen~hundredths (0.14) of one gram or more by weight of alcohol p-er 100 milliliters of his urine. (CRC 4511.19) (b) Physical Control. No person shall be in actual physical control of say vehicle within the IvIunicipality if any of the following apply: (1) The person is under the influence of alcohol or any drug of abuse, ortho combined influence of alcohol and any drug of abuse; (2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood; (3) The person has a concentration of ten-hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath; (4) The person has s concentration of fourteen-hundredths (0, 14) of one gram or more by weight of alcohol per 100 milliliters of his urine. (c) Evidence; Tests; Immunity. In any criminal prosecution for a violation of tills section relatiug to operating a motor vehicle while under the influence of alcohol, the court may admit evidence on the concentration of alcohol in the defendant's blood, breath or urine at the time of the alleged violation ss shown by cimm[cal analysis of the defendaut's blood,urine, breath or other bodily substance withdrawn within two hours of the time of such alleged violation. When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191, only a physician, a registered nurse or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcoholic content. This limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol content of the blood, if ia his opinion thc physical welfare of the person would be endangered by the with- drawing of blood. Such bodily substance shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the DJ:rector of Health pursuant to Ohio R.C. 3701.143.