2006 035 Ordinance - Laserfiche WebLink

Home Browse Search

52A OVI• Willful Misconduct• Speed 333.01 (3) Subsection (d)(2)A.3. of this section does not apply to a person who is in physical control of a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in subsection (a)(1)J. hereof, if both of the following apply: A. The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs. B. The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. (e) Evidence; Tests. (1) In any criminal prosecution or juvenile court proceeding for a violation of subsection (a) or (b) of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation. The three-hour time limit specified in this subsection regarding the admission of evidence does not extend or affect the two-hour time limit specified in Ohio R. C. 4511.192(A) as the maximum period of time during which a person may consent to a chemical test or tests as described in that section. When a person submits to a blood test at the request of a law enforcement officer under Ohio R. C. 4511.191, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this subsection may refuse to withdraw blood under this subsection, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by tlie Director pursuant to Ohio R.C. 3701.143. (2) In a criminal prosecution or juvenile court proceeding for violation of subsection (a) of this section or for an equivalent offense, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concenfration 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)(1)J. 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 ' subsection (b) of this section or for an equivalent offense that is substantially equivalent to that subsection. 2006 Replacement