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If you are charged with an OVI/DUI in Ohio the type of chemical test used to determine your blood alcohol content (BAC) can play a large role in your OVI/DUI defense strategy. Breath tests are the most common, but blood tests are often said to be more accurate. But they are not infallible.
It is important to understand how blood samples are collected, processed and challenged in an OVI/DUI defense case. Here we will explore how OVI/DUI blood tests work, how accurate the tests are and how a knowledgeable OVI/DUI attorney can challenge the results of the test in an Ohio OVI/DUI case.
If you are arrested and charged with OVI, a police officer in Ohio can request that a driver submit to a blood test if they have reason to believe the driver is intoxicated.
The police will charge the suspect with a “per se” DUI/OVI if the test findings indicate that the driver’s blood alcohol content was.08 or above.
These are the limits for whole blood; if the test is performed on blood serum or plasma, the limits will be somewhat different. Although blood tests are generally considered reliable sources of information regarding blood alcohol content, a trained Ohio DUI/OVI attorney is aware that there are ways to challenge the results.
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The scientific training that our Cleveland DUI attorneys have received in DUI breath, blood, and urine testing gives us an advantage in defending 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 are facing an Ohio DUI case, you should think about speaking with an experienced Ohio DUI attorney to determine if they can help get the OVI charges dropped or reduced to a less serious offense.
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If the prosecution wants to admit a blood test as evidence in an Ohio OVI / DUI case, they have to prove certain procedures were followed for the blood test.
The police may use force to extract a blood sample from an Ohio driver who has been arrested for OVI. If the driver is unwilling to provide a sample when asked. A judge can grant a search warrant to the police permitting an involuntary blood test; the officer must first show probable cause in order to acquire such a warrant.
Second, in the event of “urgent circumstances,” which refer to a compelling need for the blood sample and insufficient time to acquire a search warrant, the officer may take an involuntary blood sample without a search warrant. The existence of exigent circumstances is assessed case-by-case, as was covered in the 2013 Missouri v. McNeely case.
In certain Ohio DUI/OVI cases, a blood test may be administered without your consent.
TWO TYPES OF BLOOD TESTS IN OHIO OVI CASES
In Ohio, DUI blood tests are either administered by: (1) a crime laboratory; or (2) a health care provider. Both testing organizations require that a licensed medical professional draw blood; the difference between the two is whether a crime lab or a healthcare provider analyzes the blood sample.
The driver’s blood sample must be taken within three hours of the alleged infraction and tested in accordance with guidelines created by the Ohio Department of Health if the test is conducted by a crime lab.The regulations established by the Ohio Department of Health include rules for the collection and handling of blood samples, testing techniques, laboratory operations, permits, and record maintenance.
Compliance with the Ohio Department of Health’s rules is not necessary when a medical professional administers DUI blood tests. What is required, however, is expert testimony regarding the blood test and how the result relates to impaired driving ability.