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51 OVI• Willful Misconduct• Speed 333.01 <br />(e) Evidence; Tests; Immunity. <br />(1) 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, the court <br />may admit evidence on the concentration of alcohol, drugs of abuse, or a <br />combination of them in the defendant's whole blood, blood serum or <br />plasma, breath, urine or other bodily substance at the- time of the alleged <br />violation as shown by chemical analysis of the substance withdrawn within <br />two hours of the time of the alleged violation. <br />When a person submits to a blood test at the request of a law enforcement <br />officer under Ohio R.C. 4511.191, only a physician, a registered nurse, or <br />a qualified technician, chemist, or phlebotomist shall withdraw blood for <br />the purpose of determining the alcohol, drug, or alcohol and drug content <br />of the whole blood, blood serum, or blood plasma. This limitation does not <br />apply to the taking of breath or urine specimens. A person authorized to <br />withdraw blood under this subsection may refuse to withdraw blood under <br />this subsection, if in that person's opinion, the physical welfare of the <br />person would be endangered by the withdrawing of blood. <br />The bodily substance withdrawn shall be analyzed in accordance with <br />methods approved by the Director of Health by an individual possessing a <br />valid permit issued by the Director pursuant to Ohio R.C. 3701.143. <br />(2) In a criminal prosecution or juvenile court proceeding for violation of <br />subsection (a) of this section or for an equivalent offense, if there was at the <br />time the bodily substance was withdrawn a concentration of less than the <br />applicable concentration of alcohol specified in subsections (a)(2), (3), (4) <br />and (5) of this section, that fact may be considered with other competent <br />evidence in determining the guilt or innocence of the defendant. This <br />subsection does not limit or affect a criminal prosecution or juvenile court <br />proceeding for a violation of subsection (b) of this section or for an <br />equivalent offense that is substantially equivalent to that subsection. <br />(3) Upon the request of the person who was tested, the results of the chemical <br />test shall- be made available to the person or the person's attorney, <br />immediately upon the,completion of the chemical test analysis. <br />The person tested may have a physician, a registered nurse, or a qualified <br />technician, chemist or phlebotomist of the person's own choosing <br />administer a chemical test or tests, at the person's expense, in addition to <br />any administered at the request of a law enforcement officer. The form to <br />be read to the person to be tested, as required under Ohio R.C. 4511.192, <br />shall state that the person may have an independent test performed at the <br />person's expense. The failure or inability to obtain an additional chemical <br />test by a person shall not preclude the admission of evidence relating to the <br />chemical test or tests taken at the request of a law enforcement officer. <br />(4) A. As used in subsections (e)(4)B: and C. of this section, "national <br />highway traffic safety administration" means the National Traffic <br />Highway Safety Administration established as an administration of <br />the United States Department of Transportation under 96 Stat. 2415 <br />(1983), 49 U.S.C.A. 105. <br />2003 Replacement <br />