(a) No person shall operate any vehicle within the City of Rocky River if any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(2) The person has a concentration of eight-hundredths of one percent or more but less than seventeen-hundredths of one per cent by weight of alcohol in the person's blood;
(3) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath;
(4) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine;
(5) The person has a concentration of seventeen-hundredths of one per cent or more by weight of alcohol in the person's blood;
(6) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath;
(7) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.
(b) No person under twenty-one years of age shall operate any vehicle in this City if any of the following apply:
(1) The person has a concentration of at least two-hundredths of one percent but less than eight-hundredths of one percent by weight of alcohol in the person's blood.
(2) 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.
(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.
(c) In any proceeding arising out of one incident, a person may be charged with a violation of (a)(1) and a violation of (b)(1), (2) or (3) of this section, but the person may not be convicted of more than one violation of these sections.
(d) (1) In any criminal prosecution or juvenile court proceeding for a violation of (a) or (b) of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's blood, breath, urine, or other bodily substance 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 the alleged violation.
When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191, only a physician, a registered nurse, or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol, drug, or alcohol and drug content. The limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse, or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the blood, if in the opinion of the physician, nurse, technician, or chemist the physical welfare of the person would be endangered by the withdrawing of blood.
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.
(2) In a criminal prosecution or juvenile court proceeding for a violation of subsection (a) above, if there was, at the time the bodily substance was withdrawn, a concentration of less than eight-hundredths of one per cent by weight of alcohol in the defendant's blood, less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the defendant's breath, or less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the defendant's urine, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This section does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of subsection (b).
(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 or agent immediately upon the completion of the chemical test analysis.
The person tested may have a physician, a registered nurse, or a qualified technician or chemist of the person's own choosing administer a chemical test or tests in addition to any administered at the request of a police officer, and shall be so advised. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a police officer.
(4) A. As used in (d)(4)B. and C. of this section, "national highway traffic safety administration" means the National Highway Traffic Safety Administration established as an administration of the United States Department of Transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
B. In any criminal prosecution or juvenile court proceeding for a violation of (a) or (b) of this section, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle 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 any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the following apply:
1. The officer may testify concerning the results of the field sobriety test so administered.
2. 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.
3. If testimony is presented or evidence is introduced under (d)(4)B.1. or 2. 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.
C. (d)(4)B. 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 section, from considering evidence or testimony that is not otherwise disallowed by (d)(4)B. of this section.
(5) Any physician, registered nurse, or qualified technician or chemist who withdraws blood from a person pursuant to this section, and any 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.
(e) No person shall be in physical control of a vehicle, streetcar, or trackless trolley while under the influence of alcohol, a drug of abuse, or a combination of them or while the person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in Ohio R.C. (A)(2), (3), (4) or (5) within the City of Rocky River.
(1) In any criminal prosecution or juvenile court proceeding for a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle 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 any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, 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 proceedings.
C. If testimony is presented or evidence is introduced under subsection (c)(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 (c)(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 division, from considering evidence or testimony that it is not otherwise disallowed by subsection (c)(1) hereof.
(Ord. 229-03. Passed 12-22-03.)
(f) (1) Whoever violates Section 333.01(a) is guilty of a misdemeanor of the first degree, in addition to the license suspension or revocation provided in Ohio R.C. 4507.16, and in addition to the minimum fines provided in Ohio R.C. 4511.99.
(2) Whoever violates Section 333.01(b) is guilty of operating a vehicle after under-age alcohol consumption and shall be punished as follows:
A. If, within one (1) year of the offense, the offender has not been convicted of or pleaded guilty to any violation of Division (A) or (B) of Section 4511.19 of the Ohio Revised Code, a municipal ordinance relating to operating a vehicle under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, Section 2903.04 of the Ohio Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that Section, or Section 2903.06, Section 2903.07 or 2903.08 of the Ohio Revised Code or a municipal ordinance that is substantially similar to Section 2903.07 of the Ohio Revised Code 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 offender is guilty of a misdemeanor of the fourth degree.
B. If, within one (1) year of the offense, the offender has been convicted of or pleaded guilty to any violation of division (A) or (B) of Section 4511.19 of the Ohio Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, Section 2903.04 of the Ohio Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, or Section 2903.06, 2903.07, or 2903.08 of the Ohio Revised Code or a municipal ordinance that is substantially similar to Section 2903.07 of the Ohio Revised Code 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 offender is guilty of a misdemeanor of the third degree and shall not be eligible for a sentence to a community control sanction, as defined in Ohio R.C. 2929.01, pursuant to Ohio R.C. 2929.13, for judicial release pursuant to Ohio R.C. 2929.20 or for release pursuant to Ohio R.C. 2967.24. (ORC 2903.07)
(Ord. 46-97. Passed 3-10-97.)
C. In addition to or independent of all other penalties provided by law, the offender's driver's or commercial driver's license or permit or nonresident operating privilege shall be suspended in accordance with, and for the period of time specified in, Division (E) of Section 4507.16 of the Ohio Revised Code.