(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, provided the offender has not previously been convicted of an offense under this section or Ohio R.C. 2903.06 or 2903.07. Punishment shall be as provided in Section 408.01.
(1) If the jury or judge as trier of fact finds that the offender was under the influence of alcohol or any drug of abuse, or the combined influence of alcohol or any drug of abuse, at the time of the commission of the offense, then the offender's driver's or commercial driver's license or permit or nonresident operating privileges shall be permanently revoked pursuant to Ohio R.C. 4507.16.
(2) When the trier of fact determines whether the offender was under the influence of alcohol or any drug of abuse, or the combined influence of alcohol or any drug of abuse, the concentration of alcohol in the offender's blood, breath or urine, as shown by a chemical test taken pursuant to Ohio R.C. 4511.191, may be considered as 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shall be presumed to have been under the influence of alcohol if there was, at the time the bodily substance was withdrawn for the chemical test.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 or more by weight of alcohol in the offender's blood, ten-hundredths of one gram or more by weight of alcohol per 210 liters of his or her breath or four-teen-hundredths of one gram or more by weight of alcohol per 110 milliliters of his or her urine.
(Ord. 21-83. Passed 3-15-83.)