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

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The bodily substance withdrawn under subsection (e)(I)B. hereof shall be ana- lyzed in accordance with methods approved by the Director of Health by an individ- ual possessing a valid permit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of this section or for an equivalent offense that is vehicle related, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in subsections (a)(1)B., C., D. and E. of this section, or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of subsection (a)(I)F. of this section, that fact may be considered with other competent evidence in determining 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 sub- section (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, immediately 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 angst as described in division (A)(5) of Ohio R.C. 4511.191, the arresting officer shall advise the person at the time of the ar- rest 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 per- formed at the person's expense. The failure 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. (4) A. As used in subsections (e)(4)B. and C. of this section, "national high- way traffic safety administration" means the National Traffic Highway Safety Ad- ministration established as an administration of the United States Department of Transportation under 96 Star. 2415 (1983), 49 U.S.C.A. 105, B. In any criminal prosecution or juvenile court proceeding for a violation of subsection (a), (b) or (d) of this section, of a municipal ordinance relating to operat- ing a vehicle while tinder the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a pro- hibited concentration of alcohol, a controlled substance, or a metabolite of a con- trolled substance in the whole blood, blood serum or plasma, breath or urine, if a law enforcement officer has administered a field sobriety test to the operator or person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compli- ance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the following apply: 1. The officer may testify concerning the results of the field sobriety test so administered. 2. The prosecution may introduce the results of the field sobriety test so admin- istered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding. 3. If testimony is presented or evidence is introduced under subsection (e)(4)B.I. or 2. of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.