33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence

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nanograms of marihuana metabolite per milliliter of the person's urine or has a con - centra -tion of marihuana metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the per- son's whole blood or blood serum or plasma. 9. The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma. 10. The person has a concentration of phencyclidine in the person's urine of at least twenty -five nanograms of phen- cyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma. 11. The State Board of Pharmacy has adopted a rule pursuant to Ohio R.C. 4729.041 that specifies the amount of salvia divinorum and the amount of salvinor- in A that constitute concentrations of salvia divinorum and salvinorin A in a per- son's urine, in a person's whole blood, or in a person's blood serum or plasma at or above which the person is impaired for purposes of operating any vehicle within this Municipality, the rule is in effect, and the person has a concentration of salvia divinorum or salvinorin A of at least that amount so specified by rule in the person's urine, in the person's whole blood, or in the person's blood serum or plasma. (2) No person who, within twenty years of the conduct described in subsection (a)(2)A. of this section, previously has been convicted of or pleaded guilty to a viola- tion of Ohio R.C. 4511.19(A) or (B), or any other equivalent offense shall do both of the following: A. Operate any vehicle within this Municipality while under the in- fluence of alcohol, a drug of abuse or a combination of them; B. Subsequent to being arrested for operating the vehicle as described in sub- section (a)(2)A. of this section, being asked by a law enforcement officer to submit to a chemical test or tests under Ohio R.C. 4511.191, and being advised by the of- ficer in accordance with Ohio R.C. 4511.192 of the consequences of the person's re- fusal 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 operation, 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 al- cohol 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 hundred ten li- ters 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 alcohol per one hundred milliliters of the person's urine. (c) One Conviction Limitation. In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(I)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 front seat of a vehicle and having possession of the vehicle's ignition key or other ignition device.