A: In Ohio cases of Vehicular Assault and Vehicular Homicide which involve alcohol and/or drugs, the prosecutor obtains evidence regarding the level of alcohol and/or drugs in the driver’s system. The prosecution uses that evidence to prove the driver was ‘under the influence’ or ‘over the limit’ at the time of the accident. The prosecutor must also prove the driver’s condition of being ‘under the influence’ or ‘over the limit’ caused serious physical harm or death to another person.
A: In many Ohio accidents resulting in serious physical harm or death, the defendant is hospitalized. At the hospital, a law enforcement officer seeks to obtain a sample of the defendant’s blood. The blood sample can only be obtained if the defendant consents or if the officer secures a search warrant (unless the defendant is unconscious). Alternatively, the officer could seek copies of the defendant’s medical records which include a blood test. Doing so also requires a search warrant.
After a blood sample is obtained, it is delivered to a crime laboratory. A lab technician then tests the blood sample for alcohol and/or drugs. The prosecution receives the test results and uses those results as evidence to try to prove the charge(s) of Vehicular Assault or Vehicular Homicide.
A: Following an Ohio accident in which a driver is suspected of Vehicular Assault or Vehicular Homicide, a law enforcement officer may ask the driver to submit a urine sample. This may occur at a police station or a hospital. If the driver consents to giving the urine sample, or if the officer secures a warrant, the sample is analyzed by a crime lab. The lab results are then used in the driver’s case to prove the driver was ‘under the influence’ or ‘over the limit’ at the time of a collision which resulted in serious physical harm or death.
A: In Ohio, breath tests are only used in cases of Vehicular Assault and Vehicular Homicide when the defendant is not hospitalized. A law enforcement officer typically arrests the defendant and requests that the defendant consent to a breath test at a police station. If the defendant submits to the breath test, the test results are given to the prosecution. The test results show only alcohol levels; not drugs. The prosecution uses the test results in court to prove the defendant committed the offense of Vehicular Homicide or Vehicular Assault.
A: In Ohio, for the results of a blood/urine/breath test to be admissible as evidence, the test must comply with regulations in the Ohio Administrative Code. A lawyer should review all the underlying documents for the test to see if the law enforcement agency or crime lab complied with those regulations. If the blood/urine/breath test is admitted as evidence, the lawyer should seek to demonstrate why the test lacks scientific reliability, is otherwise inaccurate, or does not prove the defendant was ‘under the influence’ or ‘over the limit’.
The Dominy Law Firm lawyers have expertise and experience in alcohol and drug testing. They have written articles and given lectures on this topic, and they have represented clients in cases which involve alcohol and drug testing. If you have a case of Vehicular Assault or Vehicular Homicide in central Ohio which involves alcohol and/or drug testing, our firm can help. To schedule a free consultation about representation by the Dominy Law Firm, please submit a CONTACT FORM or call our office at 614-717-1177 .