55-12 Amend 333.01 OVI - Laserfiche WebLink

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(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 in determin- ing the guilt or innocence of the defendant. B. In any criminal 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, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine 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 three-hour time limit specified in this subsection regarding the admission of evidence does not extend or affect the two-hour time limit speei- feed 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- scribed in that section. The court may admit evidence on the concenhation 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 pphysician, a registered nurse, or a qualified technician, chemist, or plrlebotomist shall withdraw a blood sample for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or com- bination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the talong 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 The bodily substance withdrawn under subsection (e)(1)B. hereof shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit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 pursuant to Ohio R.C. 3701.143. (2) 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 tlris 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. (3) 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, immedi- ately upon the completion of the chemical test analysis.