Laserfiche WebLink
<br />' Ordinance No. 2009-80 <br />~"~ <br />(g) Immunity From Liability For Withdrawing Blood. Except as otherwise provided in <br />this subsection, any physician, registered nurse or qualified technician, chemist, or phlebotomist who <br />withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at <br />which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and <br />civil liability based upon a claim of assault and battery or any other claim that is not a claim of <br />malpractice, for any act performed in withdrawing blood from the person. The immunity provided in <br />this subsection is not available to a person who withdraws blood if the person engaged in willful or <br />wanton misconduct. <br />(h) General OVI Penalty. <br />(1) Whoever violates any provision of subsections (a) (1) to (9) of this section is <br />guilty of operating a vehicle under the influence of alcohol, a drug of abuse, <br />or a combination of them. The court shall sentence the offender under Ohio <br />R.C. Chapter 2929, and this Traffic Code, except as otherwise authorized or <br />required by subsections (h) (1)A. to E. of this section: <br />A. Except as otherwise provided in subsections (h)(1)B., C., D. or E. of <br />this section, the offender is guilty of a misdemeanor of the first <br />degree, and it shall be discretionary with the trial judge as to <br />imprisonment of an offender falling within the provisions of this <br />subsection. The court shall also sentence the offender to each of the <br />following: <br />1. In all cases, a fine of not less than three hundred twenty-five <br />dollars ($325.00) and not more than one thousand seventy- <br />five dollars ($1,075). <br />2. In all cases, a class five license suspension of the offender's <br />driver's or commercial driver's license or permit or <br />nonresident operating privilege from the range specified in <br />division (A)(5) of Ohio R.C. 4510.02. The court may grant <br />limited driving privileges relative to the suspension under <br />Ohio R.C. 4510.021 and 4510.13. <br />B. Except as otherwise provided in subsection (h)(1)E. of this section, an <br />offender who, within six years of the offense, previously has been <br />convicted of or pleaded guilty to one violation of subsection (a) or (b) <br />of this section or one other equivalent offense is guilty of a <br />misdemeanor of the first degree. The court shall sentence the <br />offender to all of the following: <br />1. If the sentence is being imposed for a violation of subsection <br />(a) (1) A., B., C., D. or E. of this section, a mandatory jail <br />term of ten consecutive days. The court shall impose the <br />ten-day mandatory jail term under this subsection unless, <br />subject to subsection (h)(3) of this section, it instead imposes <br />a sentence under that subsection consisting of both a jail term <br />and a term of house arrest with electronic monitoring, with <br />continuous alcohol monitoring, or with both electronic <br />monitoring and continuous alcohol monitoring. The court <br />may impose a jail term in addition to the ten-day mandatory <br />jail term. The cumulative jail term imposed for the offense <br />shall not exceed six months. <br />In addition to the jail term or the term of house arrest with <br />electronic monitoring or continuous alcohol monitoring or <br />both types of monitoring and jail term, the court may require <br />the offender to attend a drivers' intervention program that is <br />certified pursuant to Ohio R.C. 3793.10. If the operator of <br />