(a) No person who is under the influence of alcoholic beverages, narcotic drugs, opiates, or drugs of abuse shall operate, be in physical control of any watercraft underway, or manipulate any water skis, aquaplane, or similar device upon the waters of this State.
(b) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol in the defendant's blood at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance withdrawn within two hours of the time of such alleged violation. When a person admits to a blood test, only a physician, registered nurse, or a medical technician under the direction of a physician shall withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath, or urine specimens. Such bodily substance 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 Ohio R.C. 3701.143. Such evidence gives rise to the following:
(1) If there was at that time a concentration of less than ten hundredths of one percent by weight of alcohol, but more than five hundredths of one per cent by weight of alcohol, in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(2) If there was at that time a concentration of ten hundredths of one percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of alcohol.
(3) If there was at the time a concentration of five hundredths of one percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of alcohol.
(c) Upon the request of the person who was tested, the results of such test shall be made available to him, his attorney, or agent, immediately upon the completion of the test analysis.
(d) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person 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.
(e) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 98-81. Passed 6-15-81.)