55-12 Amend 333.01 OVI - Laserfiche WebLink

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forcement officer to submit to a chemical test or tests under Ohio R.C. 4511.191, and being advised by the officer in accordance with Ohio R.C. 4511.192 of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests. (b) Operation After Under-Age Consumption. No person under twenty-one years of age shall operate any vehicle within this Municipality, if, at the time of the opera- tion, any of the following apply: (1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood. (2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma. (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 twent3~-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 control" means being in the driver's position of the fiont 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 conholled 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)P. 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- scripphon issued by a licensed health professional authorized to pre- scribedrugs. B. The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.