(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 within the jurisdiction of the village 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 one hundred milliliters of his urine;
(4) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred 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.
(1) 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.
(2) The blood, 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 of Health pursuant to R.C. § 3701.143 (3701.14.3).
(3) If there were 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 one hundred milliliters of his urine, or less than ten-hundredths of one gram by weight of alcohol per two-hundred ten liters of his breath, that fact may be considered with the other competent evidence in determining the guilt or innocence of the defendant.
(4) 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.
(5) 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.
(6) A physician, registered nurse, qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first-aid station, or clinic at which the blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based on 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.
(C) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be punished as provided in the following divisions:
(1) If, within five years of the offense, the offender has not been convicted of or pleaded guilty to a violation of this section, R.C. § 1547.11, of another municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol in the blood, breath, or urine, or of R.C. §§ 2903.06 or 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of three
consecutive days and may sentence the offender pursuant to R.C. § 2929.21 to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than $150 nor more than $1,000.
The court may suspend the execution of the mandatory three consecutive days of imprisonment that it is required to impose by this division if the court, in lieu of the suspended term of imprisonment, places the offender on probation and requires the offender to attend, for three consecutive days, a drivers' intervention program that is certified pursuant to R.C. § 3720.06. The court may also suspend the execution of any part of the mandatory three consecutive days of imprisonment that it is required to impose by this division if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers' intervention program that is certified pursuant to R.C. § 3720.06; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and report periodically to the court on his progress in the programs. The court may also impose any other conditions of probation on the offender that it considers necessary.
(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to a violation of this section, R.C. § 1547.11, of another municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol in the blood, breath, or urine, or of R.C. §§ 2903.06 or 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to R.C. § 2929.21 to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than $150 nor more than $1,000.
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to R.C. § 3720.06.
(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to more than one violation of this section, R.C. § 1547.11, of another municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol in the blood, breath, or urine, or of R.C. §§ 2903.06 or 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of 30 consecutive days and may sentence the offender to a longer term of imprisonment of not more than one year. In addition, the court shall impose upon the offender a fine of not less than $150 nor more than $1,000.
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to R.C. § 3720.06.
(4) Upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to division (C)(1), (2), or (3) of this section to continue his employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, ten, or thirty consecutive days of imprisonment that the court is required by division (C)(1), (2), or (3) of this section to impose. No court shall authorize work release from imprisonment during the three, ten, or thirty consecutive days of imprisonment that the court is required by division (C)(1), (2), or (3) of this section to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment.
(5) Notwithstanding any section of the Ohio Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court shall suspend the ten or thirty consecutive days of imprisonment required by division (C)(2) or (3) of this section or place an offender who is sentenced pursuant to division (C)(2) or (3) of this section in any treatment program in lieu of imprisonment until after the offender has served the ten or thirty consecutive days of imprisonment required to be imposed pursuant to section (C)(2) or (3) of this section. Notwithstanding any section of the Ohio Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by division (C)(1) of this section, shall suspend the three consecutive days of imprisonment required to be imposed by division (C)(1) of this section or place an offender who is sentenced pursuant to division (C)(1) of this section in any treatment program in lieu of imprisonment until after the offender has served the three consecutive days of imprisonment required to be imposed pursuant to division (C)(1) of this section.
(Ord. 1995-O-24, passed 7-13-95)