- June 13, 2018 |
- Category: DUI Testing
Chemical tests in Ohio OVI cases may be performed on a variety of bodily substances including breath, urine, whole blood, blood serum or plasma. However, in virtually all Ohio DUI cases, a suspect arrested on suspicion of OVI will be asked to submit to a breath test. That is because breath testing is generally considered the least-intrusive means of testing. In addition, police agencies have breath testing equipment on hand and can normally obtain results in a matter of minutes.
In order for breath testing results to be admissible as evidence in a per se OVI case, blood and urine samples must be tested by a lab approved by the Ohio Department of Health. Results from these labs are not generally available for days, weeks, and often times, months. Under R.C. 4511.19(D)(1)(a), the individual who withdraws blood in an OVI case must be a licensed physician, emergency medical technician or paramedic, qualified technician, chemist, or phlebotomist. In addition, there are additional requirements set forth by law for a blood or urine test result to be admissible in court. For example, the prosecution must be able to demonstrate appropriate chain of custody evidence, appropriate storage of the sample as well as handling.
While breath testing is the most frequent chemical test used in Ohio DUI cases, urine and blood tests are often utilized when the police suspect a driver is under the influence of drugs. It’s not uncommon for law enforcement to first give a breath test, and if they don’t get the expected results that correspond with their observations, they might then ask for a urine or blood test. While it might seem unfair, law enforcement is permitted by R.C. 4511.19(A)(5) to request multiple tests.
Blood tests may be used in Ohio DUI cases where it would be impractical to take the suspect to the police station for a breath test. For example, in cases where a person is injured and requires immediate medical treatment, it wouldn’t be possible to get a breath sample from a suspect. In those types of cases, the first interaction between police and a DUI suspect will often take place at the hospital. Therefore, a blood or urine sample would be the preferred test. Blood tests are also used in cases where a suspect refuses a breath test and the officer is permitted by law to get a chemical sample by other means. For example, a forced blood draw when a person has prior DUI convictions and refuses a breath test. Another example is when a suspect refuses the breath test and the police immediately move to obtain a search warrant for the person’s blood.
An Ohio DUI Lawyer Can Help You Avoid a DUI Conviction
There are many techniques available to minimize the impact of a high breath test, high blood test or a high urine test in a DUI case. An experienced a DUI lawyer may even be able to get the results thrown out of evidence so that it can’t be used against you at trial. If you are charged with an Ohio DUI, you should choose a knowledgeable lawyer who focuses on DUI defense. The primary goal for most DUI lawyers is to avoid a DUI conviction on your record, which allows you to avoid the significant, mandatory penalties associated with a DUI. Depending on the facts of your case, an experienced DUI lawyer may be able to get the case dismissed entirely or reduced to a lower level traffic offense.
