2004 045 Ordinance - Laserfiche WebLink

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(•~) tl • Nn person shall be in physical control of ~t vehicle while antler the ttlt7uence Uf alcohol, a drug of abuse, or a combinatio~~ of tltcm nr tivltile the person's whole bl~aod, blood scrum or plasma, breath, ar urine contains at IcaSt the cancentratian ^I' alcohol specified in subsection (a}(I)B., C,, D. or E. hereof. (ORC ~Sl I . ] 94) ~. Na person under twenty-one years of age shall be ire physical control of a vehicle while under the influence of aIcnltoI, a drug of abtrsn, ar a combination of them nor while the pet-son's whole blood, blood serum or plasma, breath, ar urine contains Ott least the concentration ofalcolto[ specified in subsection (b)(1) to (4) hereof, (c) Isvidenc~e• Tests. (1) ~n any criminal prosecution or juvenile court proceeding for a violation of subsection (a) or (b} of this section or for an cgtti'valent offense, the court may adrn it evidcnct: on the con4entration of` alcohol, drugs of abt-se, or a combina[iun of them in tits defendant's whole blood, blood scrum or plasma, breath, urine or other bodily substance at the lime of the alleged violation as shown by chemical analysis of thc substance t~~ithdrawn within two hours of the lime of the alleged violation. When a person submits to a blood test aI the request of a law t;nforcemcnt offict~r under Ohio R.C, 4S1T.19I, only apltysician, a registered Hurst, or a gtta]ilied tecllniciart, chemisC, or phlebotomist shall withdraw blood for the purpose of Qetcrmining the alcohol, drug, or alcohol and drug cAnient of the whole blood, blond serum, or blood plasma. This lirrtitation does not apply to the taking of breath or urine specimens, A pcrsnn authorized to withdraw blond undcr~this subsection may refuse to withdraw b1QOd under this subsection, if in that person's opinion, the physical welfare of the person would he endangered by the withdrawing of blood. The bodily substance witlidrawtt shall be :u~alyaed in accordance with niatltods approved by the ]:?hector of hlealth icy .tn individual possessing a valid pormit issued by the .Director pursuant to Ohio R,C_ 37p1,ig3, (~) 1n a erinYiual prosccurion ar juvenile court proceeding for violation of subsection (a) of this section or for arz r:quivalent offense, if there was at tha time the bodily substance was withdrawn a concentrtt[ion of Iess [helrt rite applicable concen#~'ation of alcohol specilieti in subsections~a)l1L ~_~__n and of this section, that fact may be considered with other competent evidence In determining the gt2tlt ar innocence of thc defendant. This sttb5ectintt does not (unit qr aFfect a criminal pxnscctttion ar juvenile court proceeding for a violation oi: sttbseclion (b) of this section or for an equivalent offense that is substantially equivalent to that subsection.