(A) Driving Under the Influence.
(1) No person shall operate any vehicle within this municipality, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of 0.08% or more but less than 0.17% by weight per unit volume of alcohol in the person’s whole blood.
(c) The person has a concentration of 0.096% or more but less than 0.204% by weight per unit volume of alcohol in the person’s blood serum or plasma.
(d) The person has a concentration of 0.08 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person’s breath.
(e) The person has a concentration of 0.11 grams or more but less than 0.238 grams by weight of alcohol per 100 milliliters of the person’s urine.
(f) The person has a concentration of 0.17% or more by weight per unit volume of alcohol in the person’s whole blood.
(g) The person has a concentration of 0.204% or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
(h) The person has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person’s breath.
(i) The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person’s urine.
(j) Except as provided in Ohio R.C. 4511.19(J), the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
1. The person has a concentration of amphetamine in the person’s urine of at least 500 nanograms of amphetamine per milliliter of the person’s urine or has a concentration of amphetamine in the person’s whole blood or blood serum or plasma of at least 100 nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma.
2. The person has a concentration of cocaine in the person’s urine of at least 150 nanograms of cocaine per milliliter of the person’s urine or has a concentration of cocaine in the person’s whole blood or blood serum or plasma of at least 50 nanograms of cocaine per milliliter of the person’s whole blood or blood serum or plasma.
3. The person has a concentration of cocaine metabolite in the person’s urine of at least 150 nanograms of cocaine metabolite per milliliter of the person’s urine or has a concentration of cocaine metabolite in the person’s whole blood or blood serum or plasma of at least 50 nanograms of cocaine metabolite per milliliter of the person’s whole blood or blood serum or plasma.
4. The person has a concentration of heroin in the person’s urine of at least 2,000 nanograms of heroin per milliliter of the person’s urine or has a concentration of heroin in the person’s whole blood or blood serum or plasma of at least 50 nanograms of heroin per milliliter of the person’s whole blood or blood serum or plasma.
5. The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person’s urine of at least 10 nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person’s urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person’s whole blood or blood serum or plasma of at least 10 nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person’s whole blood or blood serum or plasma.
6. The person has a concentration of L.S.D. in the person’s urine of at least 25 nanograms of L.S.D. per milliliter of the person’s urine or a concentration of L.S.D. in the person’s whole blood or blood serum or plasma of at least 10 nanograms of L.S.D. per milliliter of the person’s whole blood or blood serum or plasma.
7. The person has a concentration of marihuana in the person’s urine of at least 10 nanograms of marihuana per milliliter of the person’s urine or has a concentration of marihuana in the person’s whole blood or blood serum or plasma of at least 2 nanograms of marihuana per milliliter of the person’s whole blood or blood serum or plasma.
8. Either of the following applies:
a. The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, the person has a concentration of marihuana metabolite in the person’s urine of at least 15 nanograms of marihuana metabolite per milliliter of the person’s urine or has a concentration of marihuana metabolite in the person’s whole blood or blood serum or plasma of at least 5 nanograms of marihuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
b. The person has a concentration of marihuana metabolite in the person’s urine of at least 35 nanograms of marihuana metabolite per milliliter of the person’s urine or has a concentration of marihuana metabolite in the person’s whole blood or blood serum or plasma of at least 50 nanograms of marihuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
9. The person has a concentration of methamphetamine in the person’s urine of at least 500 nanograms of methamphetamine per milliliter of the person’s urine or has a concentration of methamphetamine in the person’s whole blood or blood serum or plasma of at least 100 nanograms of methamphetamine per milliliter of the person’s whole blood or blood serum or plasma.
10. The person has a concentration of phencyclidine in the person’s urine of at least 25 nanograms of phencyclidine per milliliter of the person’s urine or has a concentration of phencyclidine in the person’s whole blood or blood serum or plasma of at least 10 nanograms of phencyclidine per milliliter of the person’s whole blood or blood serum or plasma.
11. The State Board of Pharmacy has adopted a rule pursuant to Ohio R.C. 4729.041 that specifies the amount of salvia divinorum and the amount of salvinorin A that constitute concentrations of salvia divinorum and salvinorin A in a person’s urine, in a person’s whole blood, or in a person’s blood serum or plasma at or above which the person is impaired for purposes of operating any vehicle, streetcar, or trackless trolley within this state, the rule is in effect, and the person has a concentration of salvia divinorum or salvinorin A of at least that amount so specified by rule in the person’s urine, in the person’s whole blood, or in the person’s blood serum or plasma.
(2) No person who, within 20 years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division or a substantially equivalent state law or municipal ordinance, a violation of division (A)(1) of this section or a substantially equivalent state law or municipal ordinance, or any other equivalent offense shall do both of the following:
(a) Operate any vehicle within this municipality while under the influence of alcohol, a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under Ohio R.C. 4511.191 or any substantially equivalent municipal ordinance, and being advised by the officer in accordance with Ohio R.C. 4511.192 or any substantially equivalent municipal ordinance of the consequences of the person’s refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) Underage Alcohol Consumption. No person under 21 years of age shall operate any vehicle within this municipality if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least 0.02% but less than 0.08% by weight per unit volume of alcohol in the person’s whole blood;
(2) The person has a concentration of at least 0.03% but less than 0.096% by weight per unit volume of alcohol in the person’s blood serum or plasma;
(3) The person has a concentration of at least 0.02 grams but less than 0.08 grams by weight of alcohol per 210 liters of the person’s breath;
(4) The person has a concentration of at least 0.028 grams but less than 0.11 grams by weight of alcohol per 100 milliliters of the person’s urine.
(C) Prosecution; Limitation on Convictions. In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(D) Physical Control of Vehicle While Under the Influence.
(1) Definition. As used in this division, “physical control” means being in the driver’s position of the front seat of a vehicle and having possession of the vehicle’s ignition key or other ignition device.
(2) Generally. No person shall be in physical control of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or while the person’s whole blood, blood serum or plasma, breath, or urine contains at least the following concentration of alcohol:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of 0.08% or more but less than 0.17% by weight per unit volume of alcohol in the person’s whole blood.
(c) The person has a concentration of 0.096% or more but less than 0.204% by weight per unit volume of alcohol in the person’s blood serum or plasma.
(d) The person has a concentration of 0.08 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person’s breath.
(e) The person has a concentration of 0.11 grams or more but less than 0.238 grams by weight of alcohol per 100 milliliters of the person’s urine.
(f) The person has a concentration of 0.17% or more by weight per unit volume of alcohol in the person’s whole blood.
(g) The person has a concentration of 0.204% or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
(h) The person has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person’s breath.
(i) The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person’s urine.
(3) Underage Alcohol Consumption. No person under 21 years of age shall operate any vehicle within this municipality if, at the time of the operation, any of the following apply:
(a) The person has a concentration of at least 0.02% but less than 0.08% by weight per unit volume of alcohol in the person’s whole blood;
(b) The person has a concentration of at least 0.03% but less than 0.096% by weight per unit volume of alcohol in the person’s blood serum or plasma;
(c) The person has a concentration of at least 0.02 grams but less than 0.08 grams by weight of alcohol per 210 liters of the person’s breath;
(d) The person has a concentration of at least 0.028 grams but less than 0.11 grams by weight of alcohol per 100 milliliters of the person’s urine.
(4) Prosecution; Limitation on Convictions. In any proceeding arising out of one incident, a person may be charged with a violation of division (D)(1)(a) and a violation of division (D)(2)(a),(b), or C. of this section, but the person may not be convicted of more than one violation of these divisions.
(E) Evidence; Tests.
(1) In any criminal prosecution for a violation of division (A) or (B) of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them in the defendant’s whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within two hours of the time of the alleged violation. When a person submits to a blood test at the request of a law enforcement officer under Ohio R.C. 4511.191 or a substantially equivalent municipal ordinance, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person’s opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by the Director pursuant to Ohio R.C. 3701.143.
(2) In a criminal prosecution for a violation of division (A) of this section or for an equivalent offense, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1)(b), (c), (d) and (e) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution for a violation of division (B) of this section.
(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person’s attorney, immediately upon the completion of the chemical test analysis. The person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person’s own choosing administer a chemical test or tests, at the person’s expense, in addition to any administered at the request of a law enforcement officer. If the person was under arrest as described in Ohio R.C. 4511.191(A)(5), the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person’s own expense. If the person was under arrest other than described in Ohio R.C. 4511.191(A)(5), the form to be read to the person to be tested, shall state that the person may have an independent test performed at the person’s expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.
(4) (a) As used in division (D)(4)(b) of this section, “National Highway Traffic Safety Administration” means the National Highway Traffic Safety Administration established as an administration of the United States Department of Transportation under 96 Stat. 2415 (1983), 49 U.S.C. 105.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the following apply:
1. The officer may testify concerning the results of the field sobriety test so administered.
2. The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
3. If testimony is presented or evidence is introduced under division (D)(4)(b)1. or 2. of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section.
(F) (1) Subject to division (F)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h) or (i) or (B)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any forensic laboratory certified by the Department of Health that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:
(a) The signature, under oath, of any person who performed the analysis;
(b) Any findings as to the identity and quantity of alcohol, a drug of abuse, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory director of a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst’s or test performer’s employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst’s or test performer’s regular duties;
(d) An outline of the analyst’s or test performer’s education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the Department of Health.
(2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (F)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant’s attorney or, if the defendant has no attorney, on the defendant.
(3) A report of the type described in division (F)(1) of this section shall not be prima facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant’s attorney receives a copy of the report, the defendant or the defendant’s attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.
(G) Except as otherwise provided in this division, any physician, registered nurse, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(ORC 4511.19)
(H) Penalty. Whoever violates divisions (A), (C) or (D) of this section is guilty of a misdemeanor of the first degree in addition to the license suspension or revocation provided in Ohio R.C. 4507.16, in addition to any disqualification imposed under Ohio R.C. 4506.16, and in addition to any other license suspension, any vehicle impoundment, immobilization or forfeiture, any seizure and detention of any license, vehicle or license plates, or any other penalty or consequence provided for in these Codified Ordinances or state law.
(Ord. 101-03, passed 7-21-2003; Ord. 97-12, passed 6-18-2012)
Statutory reference:
Disposition of fines, immobilization of vehicle and impoundment of license plates, criminal forfeiture for municipal ordinance conviction, see Ohio R.C. 4511.193
Effect of refusal to submit to test, seizure of license, suspension periods, appeal procedures, occupational driving privileges, and indigent drivers alcohol treatment funds, see Ohio R.C. 4511.191
Implied consent, see Ohio R.C. 4511.191
Judicial pretrial suspension, initial appearance, see Ohio R.C. 4511.196
Mayor’s Court to suspend driver’s license, see Ohio R.C. 1905.201
Seizure of vehicles upon arrest, see Ohio R.C. 4511.195
State Law penalty, see Ohio R.C. 4511.19(G)
Trial judge to suspend driver’s license, see Ohio R.C. 4510.05