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09/09/03 10:09 FA% 440 461 7349 MV RAYOR'S OFFICE ? LAW DIR R008 <br />Juk 09 113 12s24p Diemert & Hssoaiates i440D442-0825 p-3 <br />more by weight of alcohol in the person's blood. <br />(3) The person has a concentration of t?Ift??...?s of one gram or more <br />by wEight of alcohol per two hundred ten liters of the person's breath. <br />(4) The peason has a concentrativn of6.n??;dth`s of oue gram or more <br />by weight of alcohol per one hundred milliliters of the pcrson's urine. <br />(e) Fhysical Contr+nl bv Minors. No person under twenty-ona years of age shall be in <br />aatual physical control of any vehicte within this Municipality, if any of the following apply: <br />(1) The persnn has a concentration of at least two-hundredths of une per cesit <br />but less than eig?t="kiu?id=ed?s of oue per cent by weight of alcoiiol in the <br />person's blood. <br />(2) 'X'he persou has a eoncentratioit of at least two-hundredths of one gratn but <br />less than eiof: ffiffd;cedf? of one gram by weight of alcohol per two <br />hundred ten liters of the person's breath. <br />(3) The person has a conceatration of at least twenty-eight one-thousandths of <br />one gram but less than', of one gram by weight of <br />aleohol per one bundred millilitezs of the person's urine <br />(1) Evidence• Tesrs;, Immunitv. Xn any criminal prosecution or juvenile <br />court proceediug fnr a violation of this sectiou, tkte court may admit <br />evidenee on the coaceneration of alcohol, dntgs of abuse, or alcohol and <br />drugs of abuse in the defendannt's blood, bxeath, urine or oncer bodily <br />substance at ihe time of the alleged viiolaaon as staow+n by chenucal - <br />anatysis of dat defendant's blood, urine, breath or other bodily substance <br />withdrawn within twa hours of the time of the alleged violation. <br />Whe,n a petson submits tA a blood test at thc request of apolicc officer <br />under Ohio R.C. 4511.191, only a physician, a regastered nurse or a <br />qualified cechnician or ehemist 5ha11 withdraw blood for the purpose of <br />determining its alcohol, c)rtieg, or aleohol and drug eanr.ent: This <br />limitation doas not apply to the taking of breath or urine speciumetbs. A <br />physician, a registered rnu'se or a tXualxf?ed LechniCian or chemist may <br />refuse to withdraw blood for the purpose of de[ermining the alcohol, <br />drug, or aIcohol and drug content of the biood, if in the opinion of the <br />physieiane II11I5e, technacian, or ChenC?ist the p[tysical w?elfaze of the <br />person would be endaagered by the withdrawing of blaod. <br />Such bodily -mbstance shall be analyzEd in aecordatice with methods <br />approved by the Qhio Director of Health by an individual pussessing a <br />valid permit issued by the D'uector of Heaith pursuant to Ohio R.C- <br />3701.143. <br />(2) In a criminal prosecution or juvenile court proceeding for violation of <br />subsection (a) hereof if there was at the time.the bodily, substwce was <br />withdrawn a coneentration of less than i,. ?' of one nercent by <br />4 <br />weight of alcohvl in the defendant's blood, less than ?_ o f <br />onc gram by wexght of alcohol per 2101iters of tbe defendani's breatlt or <br />less than eleven-hundredths of one gram by weight of alcohal pcr 100 <br />milliligers of the defendant's urine, that fact may be considered with ather