(a) (1) Operation generally. No person shall operate any vehicle, streetcar, or trackless trolley within this Municipality, if, at the time of the operation, any of the following apply:
A. The person is under the influence of alcohol, a drug of abuse, or a combination of them;
B. The person has a concentration of eight-hundredths of one per cent (0.08%) but less than seventeen-hundredths of one percent (0.17%) by weight per unit volume of alcohol in the person's whole blood;
C. The person has a concentration of ninety-six thousandths of one percent (0.096%) or more but less than two hundred four-thousandths of one percent (0.204%) by weight per unit volume of alcohol in the person's blood serum or plasma;
D. The person has a concentration of eight-hundredths (0.08) of one gram or more but less than seventeen-hundredths (0.17) of one gram by weight of alcohol per 210 liters of the person's breath;
E. The person has a concentration of eleven-hundredths (0.11) of one gram or more but less than two hundred thirty-eight- thousandths (0.238) of one gram by weight of alcohol per 100 milliliters of the person's urine;
F. The person has a concentration of seventeen-hundredths of one per cent (0.17%) or more by weight per unit volume of alcohol in the person's whole blood;
G. The person has a concentration of two hundred four-thousandths of one percent (0.204%) or more by weight per unit volume of alcohol in the person's blood serum or plasma;
H. The person has a concentration of seventeen-hundredths (0.17) of one gram or more by weight of alcohol per 210 liters of the person's breath;
I. The person has a concentration of two hundred thirty-eight thousandths (0.238) of one gram or more by weight of alcohol per 100 milliliters of the person's urine.
J. Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the person's urine of at least five hundred nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person's urine of at least two thousand nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma.
(vii) The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(viii) The person has a concentration of phencyclidine in the person's urine of at least twenty-five nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma.
K. Subsection J. does not apply to a person who operates a vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or of a listed metabolite of a controlled substance in the person's whole blood, blood serum, or plasma, or urine that equals or exceeds the amount specified in that prohibition, if the person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs and the person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(b) Operation by underage persons. No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this Municipality, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths of one percent (0.02%) but less than eight-hundredths of one percent (0.08%) 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 percent (0.03%) but less than ninety-six thousandths of one percent (0.096%) by weight per unit volume of alcohol in the person's blood serum or plasma;
(3) The person has a concentration of at least two-hundredths (0.02) of one gram but less than eight-hundredths (0.08) of one gram by weight of alcohol per 210 liters of the person's breath;
(4) The person has a concentration of at least twenty-eight one-thousandths (0.028) of one gram but less than eleven-hundredths (0.11) of one gram by weight of alcohol per 100 milliliters of the person's urine.
(c) (1) Physical control generally. No person shall be in physical control of a vehicle, streetcar, or trackless trolley while under the influence of alcohol, a drug of abuse, controlled substances, metabolites of a controlled substance, 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 division (a)(1)B., C., D., or E., of Section 333.01
of the Municipal Code.
A. As used in Section 333.01 (c), "physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device.
(d) (1) In any proceeding arising out of one incident, a person may be charged with a violation of division (a)(1)A. and a violation of division (b)(1)(2) or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(e) Evidence; tests; immunity.
(1) In any criminal prosecution or juvenile court proceeding for a violation of division (a), (b) or (c) of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two hour limit specified in division (A) of section 4511.192 of the Ohio Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section.
When a person submits to a blood test at the request of a law enforcement officer under Section 333.01, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance or combination 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 division may refuse to withdraw blood under this division, for the purpose of determining the alcohol, drug, or alcohol if in that person's opinion the physical welfare of the person would be endangered by the withdrawing of blood.
The bodily substance withdrawn shall be analyzed in accordance with methods approved by the Ohio 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 division (a) of this section or for an equivalent offense, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (a)(1), B., C., D., and E. of this section, or less than the applicable concentration of a listed controlled substance or listed metabolite of a controlled substance specified for a violation of division (a)(1)J. of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (b) of this section or for an equivalent offense that is substantially equivalent to that division.
(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 the completion of the chemical 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, at the person's expense, in addition to any administered at the request of a law enforcement officer. The form to be read to the person to be tested, as required under Ohio R.C. 4511.192, shall state that the person may have an independent test performed at the person's expense. 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 law enforcement officer.
(4) A. As used in divisions (e)(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 division (a), (b) or (c) 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:
(i) The officer may testify concerning the results of the field sobriety test so administered.
(ii) 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.
(iii) If testimony is presented or evidence is introduced under division (e)(4)B.(i) or (ii) 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. Division (e)(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 proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (e)(4)B. of this section.
(f) (1) Subject to division (f)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (a)(1), B., C., D., E., F., G., H., I., or J. or (b)(1), (2), (3), (4) or (c) of this section, a laboratory report from any laboratory personnel issued a permit by the State of Ohio Department of Health authorizing an analysis as described in this division that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contain all of the information specified in this division shall be admitted as prima facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:
A. The signature, under oath, of any person who performed the analysis;
B. Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, 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 this type described in division (f)(1) of this section is not admissible against the defendant 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 attorney, or if the defendant has no attorney, on the defendant.
(3) A report of the type described in division (f)(1) of this section shall not be prima facie evidence of the contents, identity, or amount of any substance if, within seven (7) days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven (7) day time limit in the interest of justice.
(Ord. 606-06. Passed 9-5-06; Ord. 365-14. Passed by electors 9-15-15.)