In Ohio, there are various OVI / DUI charges. If an officer concludes your driving ability is impaired by alcohol, you are charged with DUI / OVI ‘impaired’. If an officer suspects your blood alcohol or drug concentration is above the limit, the officer may ask you to consent to a blood test. If the blood alcohol concentration is at or over .08 (but under .17), the officer will charge you with DUI / OVI ‘per se’. If the concentration is at or above .17, the officer will charge you with DUI / OVI ‘per se, high test’. These limits are for whole blood, and the limits are slightly different if the test is conducted on blood serum or plasma. There are also ‘per se’ limits for some drugs, and the ‘per se’ offenses have different mandatory penalties.
Blood testing is one of many topics covered in Shawn Dominy’s guide, ‘I Was Charged With DUI/OVI – Now What?!‘ That guide is available for purchase in online bookstores, and the e-book can be downloaded for free from this website. To download your free copy, click on ‘more details’ on the right side of this screen, then complete the guide download form.
Shawn Dominy is one of few Ohio lawyers with formal training in blood testing. In Ohio DUI / OVI cases, blood testing is conducted using gas chromatography. Shawn Dominy completed a course from the American Chemical Society in forensic gas chromatography. A small number of Ohio DUI attorneys have completed that course.
If you are arrested for DUI / OVI and are asked to submit to a blood test, a law enforcement officer cannot ordinarily compel you to give a blood sample. The United States Supreme Court concluded in 2016 a search warrant is necessary before a person can be compelled to give a blood sample in DUI cases. However, Ohio has an ‘implied consent’ law which says every driver on Ohio roads has implicitly consented to a blood/breath/urine test if arrested for DUI / OVI. If you revoke your implied consent by refusing a blood test, the officer cannot force you to take a blood test (without a warrant), but the officer can impose an Administrative License Suspension (A.L.S.).
Blood tests for DUI / OVI cases in Ohio are either administered by: (1) a crime laboratory; or (2) a health care provider. With either type of test, blood is drawn by a medical professional. The distinction is whether the blood sample is analyzed by a crime lab or a health care provider. Who conducts the blood test determines what law applies regarding use of the blood test in court.
For blood tests administered by a crime laboratory, the blood sample must be drawn within a three-hour time limit and must be tested in compliance with regulations by the Ohio Department of Health. The regulations by the Department of Health contain rules for collection and handling of blood samples, testing techniques, laboratory operation, testing permits, and record maintenance.
For blood tests 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.
A good DUI / OVI attorney will investigate the circumstances of a blood test. The attorney should review the records related to the blood draw, the laboratory and its equipment, the actual test, calibration and the individuals who conducted the test. If the test is administered by a crime lab and the blood is not drawn, collected, sealed, labeled, stored, transported, and analyzed in compliance with state regulations and laboratory protocol, the results of the blood test may be excluded.
If the test is administered by a health care provider and the blood test is not administered in a scientific way that yields accurate results, the results of the blood test may be excluded. If the blood test is not excluded, a DUI / OVI lawyer can demonstrate the blood test was not accurate due to errors in the testing procedure and problems with the equipment, as well as individual circumstances of the client that affect the test.
The Dominy Law Firm has expertise in blood testing, and our DUI lawyers have represented many clients charged with DUI / OVI based on blood tests. For more information the Dominy Law Firm, please see the ‘About Us’ page. You can also see what clients say and review our past case results.
We limit the number of cases we accepts so we can provide outstanding service to our clients. If we do not accept your case, we may be able to refer you to another Ohio DUI attorney. If you would like to discuss how the Dominy Law Firm can help with your DUI / OVI case, EMAIL US or call 614-717-1177 to arrange a free consultation.