OVI Blood Test
Although the breath test is the most common type of chemical test requested after an OVI arrest in Dayton, OH, the arresting officer might request a blood test or a urine test. The blood test is particularly common when OVI suspect is taken to the hospital because of a medical emergency or injuries from a crash. In those cases, the breath test or urine test might be impractical.
Blood testing also occurs when a suspect requests an independent blood test after submitting to a breath or urine test. The right to an independent chemical test (at the person’s own expense) is guaranteed under Ohio Revised Code § 4511.192(B).
Many consider the blood test to be the “gold standard” for determining the suspect’s blood alcohol content or the presence of a controlled substance. Nevertheless, breath testing can be inaccurate or unreliable for a variety of reasons.
In these cases, criminal defense attorneys in Ohio will often file and litigate motions to suppress or exclude the breath test results. Those motions often involve violations of statutory rules or administrative regulations in the collection or testing of the sample. Other motions can involve an illegal search and seizure of the blood under the Fourth Amendment of the U.S. Constitution.
OVI Lawyer for a Blood Test in Dayton, OH
Were you arrested for OVI in Ohio involving a blood test? If so, you should immediately seek legal representation for help protecting your rights. Find out what you need to do right now to increase your chances of getting the criminal charges reduced or dismissed.
Brian Joslyn of the Joslyn Law Firm aggressively defends clients charged with drunk and drugged driving all over the greater Dayton area, including Kettering and Huber Heights in Montgomery County and surrounding communities like Springfield, Beavercreek, Piqua, Fairborn, and Troy.
Blood Test Information Center for Montgomery County, OH
- How do blood tests work in Ohio?
- What kinds of errors can lead to blood tests being inadmissible?
- Where can I find more information about urine and blood tests?
Ohio Revised Code § 4511.191(A)(5) provides law enforcement with extraordinary power to “employ whatever reasonable means are necessary to ensure” that alleged offenders submit to chemical tests of their whole blood, blood serum, or plasma.
Police may be able to actually pin down alleged offenders for blood draws, and still be immune from criminal and civil liability based upon a claim for assault, battery or other types of claims unless the officer acted with “malicious purpose, in bad faith, or in a wanton or reckless manner.”
In many cases, law enforcement agencies have local judges on call 24 hours a day, seven days a week to issue warrants specifically authorizing blood tests in alleged OVI cases. Much like breath testing procedures, blood tests need to satisfy a plethora of strict standards in how they are conducted.
Police may seek these warrants during holiday weekends or in cases involving alleged repeat DUI offenders.
Even when a warrant is not obtain for the blood draw, the officer might allege that the subject agreed or consented to the blood test. Exigent circumstances might also permit a warrantless and non-consensual blood draw under limited circumstances.
Possible errors that can lead to blood test results being inadmissible in court include, but are not limited to:
- Sample was not collected and/or handled in accordance with Ohio Administrative Code § 3701-53-05;
- Failure to meet laboratory requirements established under Ohio Administrative Code § 3701-53-06;
- Blood test was performed by individual who did not meet standards established by Ohio Administrative Code § 3701-53-07;
- Party performing analysis lacked permit required under Ohio Administrative Code § 3701-53-09; or
- Test was not performed within three hours of the time of the alleged violation, as required under Ohio Revised Code § 4511.19(D)(1)(b).
Ohio Administrative Code | Chapter 3701-53 Alcohol Testing — The Ohio Administrative Code (frequently referred to as the OAC) contains the full text of, or reference to, every rule that has been adopted by the agencies of Ohio. Section 3701 concerns the Department of Health – Administration and Director, and this chapter specifically addresses such topics relating to alcohol testing as techniques or methods, collection and handling of blood and urine specimens, and instrument checks, controls and certifications. You can also learn more about laboratory requirements, qualifications of personnel, and permits.
What Are Blood Tests? — The National Heart, Lung, and Blood Institute (NHLBI) is part of the National Institutes of Health (NIH), an agency of the United States Department of Health and Human Services. On this website you can learn more about what blood tests are, types of blood tests, and what to expect from them. You can also find information about certain risks associated with blood tests.
Find an OVI Lawyer for Blood Tests in Dayton, OH
If you have been charged with drunk driving or drugged driving in Ohio as the result of a blood or urine test, it is in your best interest to hire legal counsel as soon as possible. The Joslyn Law Firm handles all types of OVI cases for clients in communities throughout Montgomery County, Greene County, Miami County, and Clark County.
In addition to being certified by the National Highway Traffic Safety Administration as an instructor in the administration of standardized field sobriety tests, Dayton criminal defense attorney Brian Joslyn is also certified in the operation, diagnostic, verification, and calibration of the BAC Datamaster Breath Alcohol Testing Instruments manufactured by National Patent Analytical Systems, Inc. He can provide a complete evaluation of your case as soon as you call (937) 356-3969 or complete an online form to schedule a free, confidential consultation.