Ohio OVI/DUI Oral Fluid Testing

Charges of DUI/OVI in Cleveland and Northern Ohio Based on Oral Fluid Testing

Operating a vehicle while under the influence of alcohol or an illicit drug is illegal in Ohio. Law enforcement officials may ask a driver to submit samples of bodily substances for alcohol/drug testing in order to ascertain the amount of alcohol and/or drugs in the driver’s system. In the past, blood, urine, and breath were the bodily substances that were tested. As of April 2023, oral fluid testing is permitted by Ohio law.

A police officer may ask a driver to give a sample of their oral fluid if they suspect that the driver is intoxicated. Drug and/or alcohol tests are then performed on the oral fluid. The oral fluid test results could then be used as proof that the driver was intoxicated in court. 

Testing and Gathering of Oral Fluids

A law enforcement official inserts a collection swab or tube into the driver’s mouth and swabs the driver’s tongue and cheeks to gather oral fluid. The swab will then be examined using an immunoassay testing kit.

Accuracy of Oral Fluid Testing

The majority of forensic experts agree that immunoassay tests, like those used for roadside oral fluid testing, are too unreliable to be utilized in court. Congress received a report from the National “These tests are susceptible to cross-reactivity, have low specificity, and can occasionally result in a false-positive result,” said the Highway Traffic Safety Administration (NHTSA). However, in DUI cases, Ohio allows oral fluid testing, or “OVI” as it is known in Ohio.

Problems With Oral Fluid Testing for Marijuana

Marijuana is the drug most frequently involved in Ohio OVI cases. THC is the psychoactive ingredient in marijuana that can impair one’s ability to drive. THC is directly deposited into the oral cavity of the smoker when they smoke marijuana. There is THC in the oral fluid sample if that person subsequently supplies one.

The fact that THC in oral fluid does not affect a person’s ability to drive is one issue with testing for it. THC affects a person’s ability to drive when it reaches brain receptors in the blood. The amount of THC in blood and the amount in oral fluid do not correlate.

The fact that there is no link between a particular THC level and impaired driving is another issue with testing oral fluid for THC. “THC level in blood (or oral fluid) does not appear to be an accurate and reliable predictor of impairment from THC,” the National Highway Traffic Safety Administration said.

Strategies Using Oral Fluid Tests in Ohio DUI/OVI Cases

The use of oral fluid tests in OVI cases is permitted by Ohio legislative and administrative law, despite the dubious accuracy of these tests and the issues with THC testing. If the prosecution plans to present oral fluid test results and you are charged with OVI, there are ways to counter this evidence.

Excluding the oral fluid test results from the evidence is one tactic. The results of the tests are suppressed if they are not conducted in a manner that significantly complies with the rules set forth by the Ohio Department of Health. If the testing is not carried out in a manner that will yield an accurate result, the results of the test are not admissible. The second tactic, if the test results are not excluded, is to inform the jury that the results are not trustworthy and do not establish intoxication.

The scientific training that our Cleveland DUI attorneys have received in OVI testing methods gives us an advantage in defending DUI / OVI cases. The best way to possibly get your Ohio DUI / OVI charges reduced or dismissed is to hire an experienced DUI attorney.

If you would like to talk about representation after being charged with OVI in a case involving oral fluid testing, you can set up a free phone consultation by clicking here and submitting the contact form