§ 73.012. Having physical control of vehicle while under influence.

A.

As used in this section:

1.

"National highway traffic safety administration" has the same meaning as in Section 4511.19 of the Revised Code.

2.

"Physical control" means being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key or other ignition device.

B.

No person shall be in physical control of a vehicle if, at the time of the physical control, 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's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in subdivision (A)(1)(b), (c), (d), or (e) of Section 4511.19 of the Revised Code.

3.

Except as provided in subsection (E) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in subdivision (A)(1)(j) of Section 4511.19 of the Revised Code.

C.

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 proceeding.

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 subsection, from considering evidence or testimony that is not otherwise disallowed by subsection (C)(1) of this section.

D.

Whoever violates this section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in subdivision (A)(7) of Section 4510.02 of the Revised Code.

E.

Subsection (B)(3) of this section does not apply to a person who is in physical control of a vehicle while the person has a concentration of a listed controlled substance or 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 subdivision (A)(1)(j) of Section 4511.19 of the Revised Code, if both of the following apply:

1.

The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.

2.

The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.

(Ord. 445-2006, § 3)