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333.01 TRAFFIC CODE 50 <br />(2) The person has a concentration of at least two-hundredths (0.02) of one <br />gram but less than ten-hundredths (0.10) of one gram by weight of alcohol <br />per 210 liters of his breath; <br />(3) The person has a concentration of at least twenty-eight one-thousandths <br />(0.028) of one gram but less than fourteen-hundredths (0.14) of one gram <br />by weight of alcohol per 100 milliliters of his urine. <br />(c) One Conviction Limitation. In any proceeding arising out of one incident, <br />a person may be charged with a violation of subsection (a)(1) hereof and a violation <br />of subsection (b)(1), (2) or (3) hereof, but he may not be convicted of more than one <br />violation of these subsections. <br />(d) Physical Control Generally. No person shall be in actual physical control of <br />any vehicle within the Municipality, if any of the following apply: <br />(1) The person is under the influence of alcohol, a drug of abuse, or alcohol <br />and a drug of abuse; <br />(?) The persori has a concentration of ten-hundredths of one percent (0.10%) <br />or more by weight of alcohol in his blood; <br />(3) The person has a concentration of ten-hundredths (0.10) of one gram or <br />more by weight of alcohol per 210 liters of his breath; <br />(4) The person has a concentration of fourteen-hundredths (0.14) of one gram <br />or more by weight of alcohol per 100 milliliters of his urine. <br />(e) Physical Control by Minors. No person under twenty-one years of age shall be in <br />actual physical control of any vehicle within this Municipality, if any of the following <br />apply: <br />(1) The person has a concentration of at least two-hundredths of one percent <br />(0.02%) but less than ten-hundredths of one percent (0.10°io) by weight of <br />alcohol in his blood; <br />(7) The person has a concentration of at least two-hundredths (0.07) of one <br />gram but less than ten-hundredths (0.10) of one gram by weight of alcohol <br />per 210 liters of his hreath; <br />(3) The person has a concentration of at least twenty-eight one-thousandths <br />(0.028) of one gram but less than fourteen-hundredths (0.14) of one gram <br />by weight of alcohol per 100 milliliters of his urine. <br />(f) Evidence; Tests; Immunity. <br />(1) In any criminal prosecution or juvenile court proceeding for a violation <br />of this section, the court may admit evidence on the concentration of <br />alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's <br />blood, breath, urine or other bodily substance at the time of the alleged <br />violation as shown by chemical analysis of the defendant's blood, urine, <br />breath or other bodily substance withdrawn within two hours of the time <br />of the alleged violation. <br />When a person submits to a blood test at the request of a police officer <br />under Ohio R.C. 4511.191, only a physician, a registered nurse or a <br />qualified technician or chemist shall withdraw blood for the purpose of <br />determining its alcohol, drug, or alcohol and drug content. This limita- <br />tion does not apply to the taking of breath or urine specimens. A <br />physician, a registered nurse or a qualified technician or chemist may <br />refuse to withdraw blood for the purpose of determining the alcohol, <br />drug, or alcohol and drug content of the blood, if in his opinion the <br />physical welfare of the person would be endangered by the withdrawing <br />of blood. <br />1994 Replacement