381.11 OPERATING UNDER INFLUENCE OF ALCOHOL OR DRUGS PROHIBITED; TEST ANALYSIS.
(a) No person shall operate, be in physical control of any vessel underway, or manipulate any water skis, aquaplane or similar device upon the waters in this City if any of the following apply:
(1) The person is under the influence of alcohol or a drug of abuse, or the combined influence of alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one percent or more by weight of alcohol in his blood;
(3) The person has a concentration of fourteen-hundredths of one gram or more by weight of alcohol per 100 milliliters of his urine;
(4) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per 210 liters of his breath.
(b) In any criminal prosecution for a violation of this section relating to operating a vessel or using any water skis, aquaplane or similar device while under the influence of alcohol or a drug of abuse, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant's blood, urine or breath at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine or breath taken within two hours of the time of the alleged violation.
When a person submits to a blood test, only a physician, registered nurse or qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood.
The blood, urine or breath shall be analyzed in accordance with methods approved by the Director of Health of the State by an individual possessing a valid permit issued by the Director of Health of the State pursuant to Ohio R.C. 3701.143 (3701.14.3).
If there was at the time the blood, urine or breath was taken a concentration of less than ten-hundredths of one percent by weight of alcohol in the defendant's blood, less than fourteen-hundredths of one gram by weight of alcohol per 100 milliliters of his urine, or less than ten-hundredths of one gram by weight of alcohol per 210 liters of his breath, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
Upon the request of the person who was tested, the results of the test shall be made available to him, his attorney or agent, immediately upon the completion of the test analysis.
The person tested may have a physician, registered nurse or qualified technician or chemist of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
A physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first-aid station or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(Ord. 91-9-119. Passed 9-25-91.)