55-12 Amend 333.01 OVI - Laserfiche WebLink

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(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hun- dred ten liters of the person's breath. (4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alco- hol per one hundred milliliters of the person's urine. (c) One Conviction Limitation. In any proceeding arising out of one incident, a per- son may be charged with a violation of subsection (a)(1)A, or (a)(2) and a viola- tion of subsection (b)(1), (2) or (3) of this section, but the person may not be con- victed of more than one violation of these subsections. (ORC 4511.99) (d) Physical Control. (1) As used in this subsection, "physical contrrol" means being in the driver's position of the front seat of a vehicle and having possession of the vehi- cle's ignition key or other ignition device. (2) A. No person shall be in physical control of a vehicle if, at the time of the physical control, any of the following apply: 1. The person is under the influence of alcohol, a drug of abuse, or a combination of them. 2. The person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol speci- fied in subsection (a)(1)B., C., D, or E, hereof. 3. Except as provided in subsection (d)(3) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the per- son's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in subsection (a)(1)F. hereof. B. No person under twenty-one years of age shall be in physical con- trol of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or while the person's whole blood, blood serum or plasma, breath, or urine contains at least the con- centration of alcohol specified in subsection (b)(1} to (4) hereof. (3) Subsection (d)(2)A.3. of this section does not apply to a person who is in physical. control of a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in subsection (a)(1)F, hereof, if both of the following apply: A. The person obtained the controlled substance pursuant to a pre- script~on issued by a licensed health professional authorized to pre- scribe drugs. B. The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. (e) Evidence; Tests. (1) A. In any criminal prosecution or juvenile court proceeding fora vio- lation of (a)(1)A. of this section or for any equivalent offense, that is vehicle-related the result of any test of any blood or urine with- drawn and analyzed at any health care provider, as defined in Ohio R.C. 2317.02, may be admitted with expert testimony to be consid- ered with any other relevant and competent evidence m determin- ing the guilt or innocence of the defendant. B. In any cruninal prosecution or juvenile court proceeding fora vio- lation of subsection (a) or (b) of this section or for an equivalent offense that is vehicle related, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, rnetabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine