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08/09/03 10:09 FA% 440 461 7349 MV 3fAY0R'S OFFICE ; LAW DIR a004 <br />Jul• 09 03 11=59a Diemert & Flssaciates (440)442-0925 p.5 <br />more by weight of alcohol in the person's.blood. <br />(3) The peason has a'concentration of of one gra,n nr niore <br />by weight of alcohol per two hundred ten liters of the person's bzeath. <br />(4) Tk?e erson has a concentracion of ` <br />? ????" ,?_EQ`s of one gram or mare <br />by weight of alcohol per one liundred milliiitexs of 31e person's urine. <br />(e) Phvsical Control by Mnats No person under iwenty-one years of age shall Ue in <br />actual physical control of any vehicle within this Municipality, if any of the following apply: <br />(1) The person has a concentracion of at least two,hundredth,s of olie per cent <br />but less than eig'ht_-liu#tdre?l.?is of one per eent by wcight of alcohol in thE <br />person's blood. <br />(2) The person has a concentration of at least two-hundredths of oize gram but <br />less than eijhf=buridks of one gram by weight of alcohol per two <br />hundred tcn liters of thc person's breath, <br />(3) The person has a concentration of at least twenty-eaght one-thousandths of <br />one gram but less rtxan ?],e. -r?`?at ane gram by weiglit of <br />alcohol per one hundred milliliters of the person's urine <br />(fl (1) Evidence: Tests: Iuununirv. In any criminal prosecudon of juvenile <br />court proceeding for a violation of this sectioa, the court nnay admic <br />evidence on the concentration of alcohol, drugs of abuse, or alcohol and <br />drugs of abuse in the defendant's blood, breath, urine or otlaer bodily <br />substance at che time of the aIIeged violation as slhown by chenuca] <br />ana]ysfs of the defecedant's blood, urine, breath vr other bodily substance <br />withdrawn within two hnurs of the fame of the alleged viotatiolti. <br />When a person submits to a blood test at the request of a police officer <br />under Ohio R.C. 4511.191, omly a physician, a registered uurse or a <br />qualified technician or chemist shall withdraw blood Eor the purpose of <br />determining its alcohol, dxug, ar alcohol and drug eontent: This <br />limitation does not apply to the tildng of breath or urine speciniens. A <br />physiciaa, a registered nurse or a qnalified technician or chemist m;ay <br />refuse to withdraw blood for tlie purpose of determining the alcohol, <br />dnig, or alcohol and drug con[ent of the blood, if in the opinion of the <br />physician, nurse, technician, ur chemist the pIkysical w?eIfare of the <br />person would be endangered by the withdrawiug of blood. <br />Such bodily substance shall be analyzed in accordance with methods <br />approved by the Ohiv birectar of Health by an individuaI possessing a <br />valid pcmiit issucd 6y the Director 4f Health pursuant to Ohiv R.C. <br />3701.143. <br />(2) Yn a crintinal prosecution or juvenile court proceeding for violation of <br />subsection (s) hereof if there was at the time the bodily substaace was <br />withdra.wn a concentration of less than Y?;`' ?`";," ?.. <br />' of one ercent by <br />wcight of alc;ohol in the defer?dant's bloo? less than ?'dt ???'?? <br />one grann by weight of alcohol per z 10 liters of the defcndant's breat?.h or <br />less t han eleven-hundredths of one gram by weight of alcohol pet 100 <br />milliliters of the defendant's urine, that fact may be eonsidered with other