- June 13, 2018 |
- Category: DUI and Courtroom Process
Because of the government’s heavy reliance on tests, documentary evidence relating to tests often plays a critical role in the prosecution of Ohio DUI cases. The two basic types of tests that generally arise in OVI cases are chemical tests and field sobriety tests.
Chemical Tests of Bodily Substances
Before chemical test results will be admitted into evidence in a per se DUI Offense, the state must show compliance with the testing regulations set forth by the Ohio Director of Health. This generally requires a showing that the the person who gave the test had the proper license to do so and the method of obtaining and analyzing the bodily substance involved was done in accordance with specified collection methods. In addition, the government must show that they utilized properly working analytical instruments in testing the suspect’s bodily substance.
Standardized Field Sobriety Testing
Admissibility of the DUI suspect’s performance on field sobriety testing requires the government to show compliance with standardized procedures for administering field sobriety tests. This requires evidence that the law enforcement individual who administered the tests was properly qualified to give them. In addition, the prosecutor must show that the manner in which the he administered the tests was done in substantial compliance with standardized testing procedures established by NHTSA.
Officer Testimony and Documentary Evidence
Evidence of DUI testing is generally provided through the officer’s testimony in open court. However, the procedures utilized by law enforcement should be shown by documents and records as well. This documentary evidence can take any number of forms, including a written report of the test given to a DUI suspect, written documentation and certification of the testing instrument, the officer’s qualifications and license to operate any testing equipment, maintenance and repair records for the testing equipment, medical records that document the testing procedures, and many times, a video recording of test administration.
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.
This entry was written with input from the book entitled “Ohio Driving Under the Influence Law” by Judge Jennifer Weiler and Kevin Weiler Sr.
