55-12 Amend 333.01 OVI - Laserfiche WebLink

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(2) (3) or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance wrthdrawn within tluee hours of the time of the alleged violation. The tluee-hour time limit specified in this subsection regarding the admission of evidence does not extend or affect the two-hour time limit speci- fied in Ohio R.C. 4511.192(A) as the maximum period of time dur- ing which a person may consent to a chemical test or• tests as de- scrrbed in that section. The court may admit evidence on the concentration of alco- hol, drugs of abuse, or a combination of them as described in this section when a person submits to a blood, breath, urine or other bodily substance test at the request of a law enforcement officer under Ohio R.C. 4511.191, or a blood or urine sample is obtained pursuant to a search warrant. Only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw a blood sample for the pm ose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or corn-. bination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this sub- section may refuse to withdraw blood under this subsection, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn under subsection (e)(1)B. hereof shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by the Director pursuantto Ohio R.C. 3701.143. In a criminal prosecution or juvenile court proceeding for violation of sub- section (a) of this section or for an equivalent offense that is vehicle re- lated, if there was at the time the bodily substance was withdrawn a con- centration of less than the applicable concentration of alcohol specified in subsections (a)(1)B., C., D. and E. of this section, or less than the applica- ble concentration of a listed controlled substance or a listed metabolite of a conh•olled substance specified for a violation of subsection (a)(1)F. of this section, that fact may be considered with other competent evidence in de- termining the guilt or innocence of the defendant. This subsection does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of subsection (b) of this section or for• an equivalent offense that is substantially equivalent to that subsection. Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, inunedi- ately upon the completion of the chemical test analysis. If the chemical test was obtained pursuant to subsection {e)(1)B. hereof, the person tested may have a physician, a registered nurse, or a qualified technician, chemist or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. If the person was under arrest as described in division (A)(5) of Ohio R.C. 4511.191, the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person's own expense. If the person was under arrest other than described in division (A)(5) of Ohio R.C. 4511.191, the form to be read to the person to be tested, as required under Ohio R.C. 4511.192, shall state that the person may have an independent test perfoi7ned at the person's expense. The fail- ure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.