(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft shall negligently cause the death of another.
(b) Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the jury or judge as trier of fact in the case in which the person is convicted finds that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, the offender shall in addition be given mandatory sentence and license revocation found in RC 4507.16.
(c) To assist the trier of fact in determining whether the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol in the offender’s blood, breath or urine as shown by a chemical test taken pursuant to RC 1547.111 or 4511.191 may be considered as a competent evidence and the offender shall be presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the chemical test a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in the offender’s blood, ten- hundredths (0.10) of one (1) gram or more by weight of alcohol per 210 liters of his or her breath, or fourteen- hundredths (0.14) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her urine.
(RC 2903.07).
(d) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.07.
(Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)