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51 DUI• Willful Misconduct• Speed 333.02 <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 <br />limitation 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, drug, <br />or alcohol and drug content of the blood, if in the opinion of the <br />physician, nurse, technician, or chemist the physical welfare of the person <br />would be endangered by the withdrawing of blood. <br />Such bodily substance shall be analyzed in accordance with methods <br />approved by the Ohio Director of Health by an individual possessing a <br />valid permit issued by the Director of Health 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 substance was <br />withdrawn a concentration of less than ten-hundredths of one percent <br />(0.10%) by weight of alcohol in the defendant's blood, less than <br />ten-hundredths (0.10) of one gram by weight of alcohol per 2101iters of <br />the defendant's breath or less than fourteen-hundredths (0.14) of one gram <br />by weight of alcohol per 100 milliliters of the defendant's urine, such fact <br />may be considered with other competent evidence in determining the guilt <br />or innocence of the defendant. This subsection does not limit or affect a <br />criminal prosecution or ,juvenile court proceeding for a violation of <br />subsection (b) hereof. <br />(3) Upon the request of the person who was tested, the results of the chemical <br />test shall be made available to the person or the person's attorney or <br />agent, immediately upon the completion of the chemical test analysis. <br />The person tested may have a physician, a registered nurse or a qualified <br />technician or chemist of the person's own choosing administer a chemical <br />test or tests in addition to any administered at the request of a police <br />officer, and shall be so advised. The failure or inability to obtain an <br />additional chemical test by a person shall not preclude the admission of <br />evidence .relating to the chemical test or tests taken at the request of a <br />police officer. <br />(4) Any physician, registered nurse or qualified technician or chemist who <br />withdraws blood from a person pursuant to this section, and any hospital, <br />first-aid station or clinic at which blood is withdrawn from a person <br />pursuant to this section, is immune from criminal liability, and from civil <br />liability that is based upon a claim of assault and battery or based upon <br />any other claim that is not in the nature of a claim of malpractice, for any <br />act performed in withdrawing blood from a person. (ORC 4511.19) <br />333.02 OPERATION IN WILLFUL OR WANTON DISREGARD OF SAFETY. <br />(a) No person shall operate a vehicle on any street or highway in willful or wanton <br />disregard of the safety of persons or property. (ORC 4511.20) <br />(b) No person shall operate a vehicle on any public or private property other than <br />streets or highways, in willful or wanton disregard of the safety of persons or property. <br />This subsection does not apply to the competitive operation of vehicles on public or private <br />property when the owner of such property knowingly permits such operation thereon. <br />(ORC 4511.201) <br />2000 Replacement <br />