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*~ <br />Ordinance No. 2009-80 <br />A. Operate any vehicle within this Municipality while under the <br />influence of alcohol, a drug of abuse or a combination of them; <br />B. Subsequent to being arrested for operating the vehicle as described in <br />subsection (a) (2) A. of this section, being asked by a law <br />enforcement officer to submit to a chemical test or tests under Ohio <br />R.C. 4511.191, and being advised by the officer in accordance with <br />Ohio R.C. 4511.192 of the consequences of the person's refusal or <br />submission to the test or tests, refuse to submit to the test or tests. <br />(b) Operation After Under-Age Consumption. No person under twenty-one years of age <br />shall operate any vehicle within this Municipality, if, at the time of the operation, any of the following <br />apply: <br />(1) The person has a concentration of at least two-hundredths of one per cent but <br />less than eight-hundredths of one per cent by weight per unit volume of <br />alcohol in the person's whole blood. <br />(2) The person has a concentration of at least three-hundredths of one per cent but <br />less than ninety-six-thousandths of one per cent by weight per unit volume of <br />alcohol in the person's blood serum or plasma. <br />(3) The person has a concentration of at least two-hundredths of one gram but less <br />than eight-hundredths of one gram by weight of alcohol per two hundred ten <br />liters of the person's breath. <br />(4) The person has a concentration of at least twenty-eight one-thousandths of one <br />gram but less than eleven-hundredths of one gram by weight of alcohol per <br />one hundred milliliters of the person's urine. <br />(c) One Conviction Limitation. In any proceeding arising out of one incident, a person <br />may be charged with a violation of subsection (a)(1)A. or (a)(2) and a violation of subsection (b)(1), (2) <br />or (3) of this section, but the person may not be convicted of more than one violation of these <br />subsections. (ORC 4511.99) <br />(d) Physical Control. <br />(1) As used in this subsection, "physical control" means being in the driver's <br />position of the front seat of a vehicle and having possession of the vehicle's <br />ignition key or other ignition device. <br />(2) A. No person shall be in physical control of a vehicle if, at the time of <br />the physical control, any of the following apply: <br />1. The person is under the influence of alcohol, a drug of <br />abuse, or a combination of them. <br />2. The person's whole blood, blood serum or plasma, breath, <br />or urine contains at least the concentration of alcohol <br />specified in subsection (a)(1)B., C., D. or E. hereof. <br />3. Except as provided in subsection (d)(3) of this section, the <br />person has a concentration of a listed controlled substance or <br />a listed metabolite of a controlled substance in the person's <br />whole blood, blood serum or plasma, or urine that equals or <br />exceeds the concentration specified in subsection (a)(1)J. <br />hereof. <br />B. No person under twenty-one years of age shall be in physical control <br />of a vehicle while under the influence of alcohol, a drug of abuse, or <br />a combination of them or while the person's whole blood, blood <br />serum or plasma, breath, or urine contains at least the concentration <br />of alcohol specified in subsection (b)(1) to (4) hereof. <br />4 <br />