Blood Testing

Ohio DUI/OVI Charges Based Upon Blood Testing

If a Police Officer, Sheriff’s Deputy or State Highway Patrolman suspects an Ohio driver is impaired, he may ask the driver to submit to a blood test. If the results of the test show that the driver’s blood alcohol concentration is .08 or greater, the officer will charge the suspect with a “per se” DUI/OVI. Worse yet, if the blood test shows a concentration of .17 or greater, the officer will charge the suspected DUI/OVI driver with a “per se” OVI with a “high tier.” These limits are for whole blood, and the limits are slightly different if the test is conducted on blood serum or plasma. While blood tests are generally considered credible evidence for blood alcohol content, the best Ohio DUI/OVI lawyers understand there are still ways to challenge the results.

If you have an 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.

A Blood Test May Be Administered Without Your Consent in Some Ohio DUI/OVI cases

If an Ohio driver is arrested for DUI/OVI and refuses to submit to a blood test when requested by the officer, the officer may force the suspect to give a blood sample under certain circumstances. First, the Ohio DUI/OVI officer may obtain a search warrant from a judge authorizing an involuntary blood test, however, the officer must demonstrate probable cause to obtain such a warrant. Second, the officer may obtain an involuntary blood sample without a search warrant if there are “exigent circumstances,” i.e., a compelling need for the blood sample and not enough time to obtain a search warrant. As discussed in the 2013 case of Missouri v McNeely, whether exigent circumstances exist is determined on a case-by-case basis.

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. With either testing organization, blood must be drawn by a licensed medical professional, however, the distinction between the two is whether the blood sample is analyzed by a crime lab or a health care provider. In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction and must be tested in compliance with regulations drafted by the Ohio Department of Health. The regulations established by the Ohio Department of Health include rules for collection and handling of blood samples, testing techniques, laboratory operations, permits, and records maintenance. In cases where DUI blood tests are administered by a health care provider, compliance with the regulations by the Ohio Department of Health is not required. What is required, however, is expert testimony regarding the blood test and how the result relates to impaired driving ability.

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.

Do You Want Award-Winning Ohio DUI/OVI Representation?

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.