DUI cases with blood tests are often the most challenging to defend. A good DUI defense lawyer might be able to utilize the defense strategies included on this page in DUI breath testing cases. Top Ohio DUI lawyers recognize that blood tests are widely accepted as the most accurate chemical test available to determine the blood alcohol level of a suspected DUI driver. However, there are still a handful of significant weaknesses in an Ohio DUI case where a driver submits to blood testing. If you are an Ohio DUI/OVI defendant and the police took a blood sample from you, it is important that you find an Ohio DUI/OVI defense lawyer that knows blood testing procedures and weaknesses. In fact, if you have any Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening by employing one or more of the following defense strategies.
Ohio DUI/OVI Defense That Gets Results: The Timing of the Blood Draw Is Extremely Important for Accurate Results in a DUI Blood Test
The best Ohio DUI lawyers understand that a DUI/OVI blood test can determine the amount of alcohol in the blood only at the time the sample is taken. Therefore, it is important to administer a blood draw as quickly as possible once the suspected DUI/OVI driver is pulled over. Since the human body continues to metabolize alcohol at a steady rate after the driver stopped drinking, the more time that passes between the last drink and collection of the blood sample, the greater impact it will have on the results. This is why law has a three-hour time limitation on when blood can be taken from an Ohio DUI/OVI suspect. A DUI defendant who wants to challenge blood test results needs an Ohio DUI/OVI defense lawyer that knows blood testing procedures and where the police did not comply. A good DUI lawyer will explore this issue in every case.
Drinking and Driving Defense That May Work In Your Ohio Case: The Manner in which Blood Is Taken from a DUI/OVI Suspect is Extremely Important for Accurate DUI/OVI Blood Test Results
Experienced Ohio DUI lawyers understand that blood alcohol tests are generally accurate in determining levels of blood alcohol content in a DUI/OVI driver, however, one of the weakest links in blood testing can be the manner in which blood is drawn. First and perhaps most obvious, the blood sample is subject to an inaccurately high reading when the health care professional swabs the area with an alcohol swab before inserting the needle. As the needle is inserted, the alcohol on the surface of the skin can actually contaminate the sample by increasing the overall amount of alcohol found in the blood. If the police took a blood sample from you in your DUI/OVI arrest, you should retain an experienced Ohio DUI/OVI defense lawyer that has an understanding of blood testing procedures.
Good DUI/OVI Defense in For an Ohio Jury Trial: The Presence of Clots in a Blood Sample Can Artificially Increase the Reported Blood Alcohol Concentration in a DUI/OVI Blood Test
Experienced Ohio DUI lawyers understand that if an anticoagulant is not in the tube used to collect the blood sample from an Ohio DUI defendant, a whole blood sample will be clotted. While this will not affect the amount of alcohol in the blood sample it may affect the manner in which the alcohol content is reported and can artificially raise the reported alcohol concentration. Similarly, even if the entire blood sample is not clotted, there is a chance that the blood sample contains clots. As a result, the sample is non-homogeneous and can artificially raise the reported alcohol concentration. To challenge the results from a blood draw, the best Ohio DUI/OVI attorneys will call an expert witness who can testify to inadequate blood draw techniques.
Winning Drinking and Driving Defense in Ohio: Improper Package and Storage of the Blood Sample Can Cause Development of Yeast and Artificially Increase the Reported Blood Alcohol Concentration in an Ohio DUI/OVI Blood Test
The top Ohio DUI lawyers are at least vaguely familiar with a 1997 study found that fermentation can occur in blood samples taken from a DUI/OVI defendant. Many species of bacteria, yeast, and fungi have the ability to produce ethanol and other volatile organic compounds. As a result, the potential for ethanol formation can cause ethanol-positive blood results from a DUI/OVI driver who did not consume alcohol. Therefore, the prevention of ethanol formation at all steps is necessary to obtain an accurate blood alcohol level on the subject. If you are an Ohio DUI/OVI defendant and the police took a blood sample from you, it is important that you find an experienced Ohio DUI/OVI defense attorney that knows negatives and positives associated with DUI blood testing.
Ohio DUI/OVI Defense That Makes Sense: BAC is Measured in Terms of Whole Blood, However Blood Serum and Plasma Results Are Misleading Because They Are Always Higher Than Whole Blood in DUI/OVI Blood Tests.
The best Ohio DUI lawyers recognize that blood alcohol testing in hospitals is often performed on serum or plasma, rather than whole blood. Accordingly, if the blood analysis was conducted at a hospital, it would be prudent to contact the hospital to determine if the test was conducted on whole blood or serum/plasma. If it was conducted on serum or plasma, the blood alcohol level will not be expressed accurately when compared to the Ohio DUI/OVI statute which is written in terms of whole blood. For these cases, it becomes necessary to convert the serum or plasma results into whole blood. Serum to whole blood alcohol ratios appear to range from .91 to 1.31 with the extreme ranges being rare. The higher the ratio, the lower the DUI driver’s blood alcohol reading will be after the conversion. Generally, expert testimony will be necessary to make the conversion. Most experts agree that if one has a serum sample, a reliable estimate of the whole blood alcohol content can be obtained by dividing the serum alcohol concentration by 1.14 to 1.16. An experienced Ohio DUI/OVI defense lawyer that knows DUI blood testing can illuminate this hidden weakness to the judge and jury.
Interesting DUI/OVI Blood Test Defense: Arterial Blood is a Better Indicator of Actual BAC Levels When Compared to Venous Blood, which is Used in Virtually All DUI/OVI Blood Tests
Top Ohio DUI defense lawyers have heard that because arterial blood is the blood flowing to your brain, it would make sense that it is the blood that actually impairs an individual. Yet venous blood, which could be anywhere from .01 to .05 higher than arterial blood, is the blood that is taken as a sample in virtually all Ohio DUI cases. Therefore, many DUI defense experts advocate that .05 should be subtracted from the blood test results to get a more accurate blood alcohol level. This is a position that can be advocated by an experienced Ohio DUI/OVI defense lawyer that understands blood and DUI blood testing.
Unique DUI/OVI Defense For a Blood Test in Ohio: If the Equipment Used to Conduct the Ohio DUI Blood Test Was Not FDA-Approved, it May Be Difficult to Trust the Results.
Good Ohio DUI defense lawyers have usually seen that the manufacturers of the DUI blood testing kits and storage tubes generally get FDA approval for their products. In some instances, the entire kit may be FDA-approved to collect and test blood. Implicit in this is approval is the fact that the contents of the kits, including the tubes, are FDA- approved for collecting blood. Other companies have the tubes individually approved by the FDA. However, if neither the DUI blood testing kit nor the tubes are approved, it may raise questions as to the reliability of test. An experienced Ohio DUI/OVI lawyer can present this issue in an effort to create reasonable doubt to a jury.
Emerging DUI/OVI Defense to Challenge Ohio Blood Testing Labs: An Ohio DUI Blood Test Result Is Not Scientifically Reliable Without an Accompanying Uncertainty Measurement Value
Ohio DUI lawyers who keep up with cutting edge DUI defense strategies have seen that in a high quality DUI blood testing process, an uncertainty measurement calculation yields a range of possible random variation, also called a confidence interval. This means there is not one true value but a range of possible values both below and above the stated value. A confidence interval is the range within which the true value should fall with a level of confidence. A measurement result is considered complete only when accompanied by a quantitative statement of its uncertainty.
The National Academy of Sciences has stressed the need to incorporate uncertainty measurement in forensic laboratories. In addition, the International Standards Organization (ISO) has introduced uncertainty measurement concepts for testing and calibration laboratories. For forensic laboratories, the standard is ISO 17025. For medical laboratories, the standard is ISO 15189. One requirement set by these standards is calculation of measurement uncertainty and the form of reporting it.
Despite the aforementioned prevailing national and international standards, only a few blood testing programs in the United States provide measurement uncertainty for alcohol in blood and none of them are in Ohio. Thus, the scientific reliability in blood test results is questionable. If you are an Ohio DUI/OVI defendant and the police took a blood sample from you, it is important that you find an experienced Ohio DUI/OVI defense lawyer that understands this issue.
Excellent DUI/OVI Defense To Set the Jury Straight: The DUI/OVI Blood Test Result Without a Stated Measurement Uncertainty or Confidence Interval is Misleading to the Judge or Jury
Top Ohio DUI lawyers know that the Academy of Sciences has stated the need to incorporate uncertainty measurement in United States’ forensic laboratories. Further, the International Standards Organization (ISO) has adopted uncertainty measurement for forensic and medical laboratories. One requirement set by these standards is calculation of measurement uncertainty or confidence interval.
Despite the aforementioned prevailing national and international standards, there are no known DUI blood testing labs in Ohio that provide measurement uncertainty or confidence interval. Thus, stating the blood alcohol level as a certain number without simultaneously stating the uncertainty in the measurement is misleading and should not be allowed in a court of law. A good DUI defense lawyer can expose this weakness and raise questions about the prosecutor’s case.
Common Mistakes in Ohio DUI/OVI Investigations
No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.
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There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.
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