|
(2) A. No person shall be in physical control of a vehicle if, at the time of the
<br />physical control, any of the following apply:
<br />1. The person is under the influence of alcohol, a drug of abuse, or a combina-
<br />tion of them.
<br />2. The person's whole blood, blood serum or plasma, breath, or urine contains
<br />at least the concentration of alcohol specified in subsection (a)(I)B., C., D. or E.
<br />hereof.
<br />3. Except as provided in subsection (d)(3) of this section, the person has a con-
<br />centration of a listed controlled substance or a listed metabolite of a controlled sub-
<br />stance in the person's whole blood, blood serum or plasma, or urine that equals or
<br />exceeds the concentration specified in subsection (a)(1)F. hereof.
<br />B. No person under twenty -one years of age shall be in physical control of a
<br />vehicle while under the influence of alcohol, a drug of abuse, or a combination of
<br />them or while the person's whole blood, blood serum or plasma, breath, or urine con-
<br />tains at least the concentration of alcohol specified in subsection (b)(1) to (4) hereof.
<br />(3) Subsection (d)(2)A.3. of this section does not apply to a person who is in
<br />physical control of a vehicle while the person has a concentration of a listed con-
<br />trolled substance or a listed metabolite of a controlled substance in the person's
<br />whole blood, blood serum or plasma, or urine that equals or exceeds the amount
<br />specified in subsection (a)(l)F. hereof, if both of the following apply:
<br />A. The person obtained the controlled substance pursuant to a prescription is-
<br />sued by a licensed health professional authorized to prescribe drugs.
<br />B. The person injected, ingested, or inhaled the controlled substance in accord-
<br />ance with the health professional's directions.
<br />(e) Evidence; Tests.
<br />(1) A. In any criminal prosecution or juvenile court proceeding for a violation
<br />of (a)(1)A. of this section or for any equivalent offense, that is vehicle- related the re-
<br />sult of any test of any blood or urine withdrawn and analyzed at any health care pro-
<br />vider, as defined in Ohio R.C. 2317.02, may be admitted with expert testimony to be
<br />considered with any other relevant and competent evidence in determining the guilt
<br />or irmocence of the defendant.
<br />B. In any criminal prosecution or juvenile court proceeding for a violation of
<br />subsection (a) or (b) of this section or for an equivalent offense that is vehicle relat-
<br />ed, the court may admit evidence on the concentration of alcohol, drugs of abuse,
<br />controlled substances, metabolites of a controlled substance, or a combination of
<br />them in the defendant's whole blood, blood serum or plasma, breath, urine or other
<br />bodily substance at the time of the alleged violation as shown by chemical analysis
<br />of the substance with -drawn within three hours of the time of the alleged viola-
<br />tion. The three -hour time limit specified in this subsection regarding the admission
<br />of evidence does not extend or affect the two -hour time limit specified in Ohio R.C.
<br />4511.192(A) as the maximum period of time during which a person may consent to a
<br />chemical test or tests as described in that section.
<br />The court may admit evidence on the concentration of al- cohol, drugs of abuse,
<br />or a combination of them as described in this section when a person submits to a
<br />blood, breath, urine or other bodily substance test at the request of a law enforcement
<br />officer under Ohio R.C. 4511.191, or a blood or urine sample is obtained pursuant to
<br />a search warrant. Only a physician, a registered nurse, or a qualified technician,
<br />chemist, or phlebotomist shall withdraw a blood sample for the purpose of determin-
<br />ing the alcohol, drug, controlled substance, metabolite of a controlled substance, or
<br />combination content of the whole blood, blood serum, or blood plasma. This limita-
<br />tion does not apply to the taking of breath or urine specimens. A person authorized
<br />to withdraw blood under this subsection may refuse to withdraw blood under this
<br />subsection, if in that person's opinion, the physical welfare of the person would be
<br />endangered by the withdrawing of blood.
<br />
|