(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, at the time of control, operation or manipulation, any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person has a concentration of eight-hundredths of one per cent or more by weight of alcohol per unit volume in the person’s whole blood.
(3) The person has a concentration of ninety-six-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
(4) The person has a concentration of eleven-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
(5) The person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
(b) No person under twenty-one years of age shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters in this state if, at the time of the operation, control or manipulation, any of the following applies:
(1) The person has a concentration of at least two-hundredths of one per cent, but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-hundredths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.
(3) The person has a concentration of at least twenty-eight one-thousandths of one gram, but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.
(4) The person has a concentration of at least two-hundredths of one gram, but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
(c) In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(1) and a violation of subsection (b)(1), (2), (3) or (4) of this section, but the person shall not be convicted of more than one violation of those subsections.
(d) (1) In any criminal prosecution or juvenile court proceeding for a violation of subsection (a) or (b) of this section or for an equivalent violation, the court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them in the defendant’s or child’s whole blood, blood serum or plasma, urine, or breath, at the time of the alleged violation as shown by chemical analysis of the substance withdrawn, or specimen taken within two hours of the time of the alleged violation.
When a person submits to a blood test, 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 subsection may refuse to withdraw blood under this subsection if, in that person’s opinion, the physical welfare of the defendant or child would be endangered by withdrawing blood.
The whole blood, blood serum or plasma, urine, or breath 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 or juvenile court proceeding for a violation of subsection (a) of this section, or for a violation of a prohibition that is substantially equivalent to subsection (a) of this section, if there was at the time the bodily substance was taken a concentration of less than the applicable concentration of alcohol specified for a violation of subsection (a)(2), (3), (4) or (5) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant or in making an adjudication for the child. This subsection does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of subsection (b) of this section or for a violation of a prohibition that is substantially equivalent to that subsection.
(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 completion of the 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 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.
(e) (1) In any criminal prosecution or juvenile court proceeding for a violation of subsection (a) or (b) of this section or for an equivalent violation, if a law enforcement officer has administered a field sobriety test to the operator or person found to be in physical control of the vessel underway involved in the violation or the person manipulating the water skis, aquaplane, or similar device 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 reliable, credible, and generally accepted field sobriety tests for vehicles that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that have been set by the National Highway Traffic Safety Administration, that by their nature are not clearly inapplicable regarding the operation or physical control of vessels underway or the manipulation of water skis, aquaplanes or similar devices, all of the following apply:
A. The officer may testify concerning the results of the field sobriety test so administered.
B. 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.
C. If testimony is presented or evidence is introduced under subsection (e)(1)A. or B. 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.
(2) Subsection (e)(1) 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 subsection, from considering evidence or testimony that is not otherwise disallowed by subsection (e)(1) of this section.
(f) (1) Subject to subsection (f)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of this section or for an equivalent violation, the court shall admit as prima-facie evidence 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 subsection. The laboratory report shall contain all of the following:
A. The signature, under oath, of a 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 or 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 subsection (f)(1) of this section is not admissible against the defendant or child 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 or child’s attorney, or, if the defendant or child has no attorney, on the defendant or child.
(3) A report of the type described in subsection (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 or child to whom the report pertains or the defendant’s or child’s attorney receives a copy of the report, the defendant or child or the defendant’s or child’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 subsection, any physician, registered nurse, or qualified technician, chemist, or phlebotomist 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 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 subsection is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(h) As used in this section:
(1) “Equivalent violation” means a violation of a municipal ordinance, law of a state, or law of the United States that is substantially equivalent to subsection (a) or (b) of this section.
(2) “National Highway Traffic Safety Administration” has the same meaning as in Ohio R.C. 4511.19.
(3) “Operate” means that a vessel is being used on the waters in this State when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area or boat camping area that is established by the United States Coast Guard, this State, or a political subdivision and in which the vessel has the right to anchor.
(ORC 1547.11)