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M.V. ORDINANCE N0. 83°6 <br />Page -3- <br />(b) PHYSICAL CONTROL. No person whe-!s-undeE-the <br />tnfluence-ef-aleehel-ef-any-drug-ef-abus@T-eE-the-combiRed <br />in€idenee-af-aleehel-and-aay-dEuQ-ef-abtse shall be in actual <br />physical control of any vehicle within the Municipality IF ANY OF <br />THE FOLLOWING APPLY: <br />(1) Tfl E PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR <br />ANY DRUG OF ABUSE, OR THE COMBINED INFLUENCE OF ALCOHOL <br />AND ANY DRUG OF ABUSE; <br />(2) THE PERSON HAS A CONCENTRATION OF TEN-HUNDREDTHS OF <br />ONE PERCENT (0.10%) OR MORE BY WEIGHT OF-ALCOHOL IN HIS <br />BLOOD; - <br />(3) THE PERSON HAS A CONCENTRATION OF TEN HUNDREDTHS <br />(0.10) OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER-210 <br />LITERS OF HIS BREATH; (4) THE PERSOIV HAS A CONCENTRATION OF FOURTEEN HUNDREDTHS <br />(0.14) OF ONE GRAM OR A10RE BY WEIGHT OF ALCOHOL PER 100 <br />MILLILITERS OF HIS URINE. <br />(c) EVIDENCE; TESTS; IMMUNITY. In any criminal <br />prosecution for a violation of this Section relating to operating <br />a motor vehicle while under the influence of alcoholp the Court <br />may admit evidence on the concentration of alcohol in the <br />Defendant's blood, BREATH OR URINE at the time of the alleged <br />violation as shown by chemical analysis of the Defendant's blood, <br />urine, breath, or other bodily substance withdrawn within two <br />hours of the time of such alleged violation. <br />When a person submits to a blood test at the request of a <br />police officer under Ohio R.C. 4511.191, only a physician, <br />QUALIFIED TECHNICIAN, CHEMIST, or a registered nurse shall <br />withdraw blood for the purpose of determin}ng-the-aleoholie <br />eentent-therein^ITS ALCOHOLIC CONTENT. This limitation does not <br />apply to the taking of breath or urine specimens. A PHYSICIAN, A <br />REGISTERED NURSE OR A QUALIFIED TECHNICIAN OR CHEMIST MAY REFUSE <br />TO WTTHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOL <br />CONTENT OF THE BLOOD, IF IN HIS OPINION THE PHYSICAL WELFARE OF <br />THE PERSON WOULD BE-ENDANGERED BY THE WITHDRAWING OF BLOOD. Such bodily substance shall be analyzed in accordance with <br />methods approved by the Ohio Director of Health by an individual <br />possessing a valid permit issued by the Director of Health <br />pursuant to Ohio R.C. 37010143. Snch- evidenee- g-iwes- ?-i-se- t?o- t-h-e <br />fal±ewing: <br />fI Y -if- ther e-wa s- at- that- time- a- eanee????t!on- of - iess- -than <br />ten-hnndredths- of-ene-pereent-by-weigh-t-.ef- .aieohfl1; <br />but-mor e- than- fiv@- ht?ndr,edths- ef- -one- f)eteetit- by- w-e3gh-t <br />of-aleohoi; -in-the-defenclantis-blaad; -sueh-f-aet--sh-ail <br />def?t?da?t- <br />was -or-was-not-undet-the-inf itenee--oi--dieo?-ei; -bti-t <br />sueh- f act-map-be- eensidef ed-with-othet-EOm??t-etit--- <br />evidence- in- determining- the- gtilt- ot- 3?-noe-enee- .of <br />the- def enclaftt .