OVI Blood Testing
Although most OVI cases in Ohio involve a request to submit to a breath test, when the suspect is taken to the hospital or the OVI case is more serious, the investigating officer might request a blood test. In some cases, the officer will use a blood test kit and ask a health care professional to draw the blood which is then used for legal purposes. If the subject doesn't give free and voluntary consent for the blood test, then in some cases the officer can seek an search warrant or perform a forced blood draw under exigent circumstances.
In other cases, if the officer can not get a blood sample for legal purposes, then the officer will seek a blood sample or records related to blood testing from the hospital.
Attorneys for OVI Blood Testing in Ohio
If you were arrested for OVI and subjected to a blood test, then seek out the services of a qualified OVI / DUI defense attorney to fight the case. Just because the prosecutor has a blood test reading showing that your alcohol concentration was over the legal limit of .08 does not mean that test result will be admissible at trial.
Call an experienced OVI Defense attorney with offices in Cincinnati to discuss your case. We help our clients fight for an outright dismissal of the OVI or a reduction in the charges.
Law Enforcement Request for Blood Test Results
Most OVI / DUI cases with a blood test in Ohio involve a request by a law enforcement officer when the suspect provides free and voluntary consent or when the suspect agrees to the blood test after being read Ohio’s implied consent law.
The blood must be drawn by a physician, registered nurse, qualified technician, chemist, or phlebotomist as required under R.C. Section 4511.19(D)(1)(b). The blood must be taken in a manner prescribed by the Ohio Department of Health as provided in O.A.C. Section 3701.53.
The results often admissible if the hospital or lab is a Department of Health Permitted Facility or with the use of expert testimony.
Hospital Records Requests for an OVI Blood Test
Under R.C. Section 2317.02(2)(a), law enforcement officers may request the record of the suspects blood results that were taken for medical purposes. The results are often admissible if:
- the hospital is a Department of Health Permitted Facility and withdrew the blood in accordance with Department of Health standards and protocol; or
- with the use of expert testimony.
Search Warrant for Blood or Blood Test Results in Ohio
Law enforcement officer may seek out a search warrant on a health care provider for the actual blood sample taken by the health care provider and have that actual blood sample analyzer by methods approved by the Director of Health.
In Melendez-Diaz v. Massachusetts (2009), 129 S.Ct. 2527, the Supreme Court of the United States addressed the issue of certificates of state laboratory analysts used to provide prima facie evidence of the substance’s composition, quality, and net weight.
The courts in Ohio have cited the Melendez-Diaz decision as support for Ohio’s notice and demand statute under R.C. Section 2925.51(C) as constitutional. R.C. Section 2925.51(C) has the same language as in R.C. Section 4511.19(E), which supports an argument that makes that statute constitutional as well.
This article was last updated on Wednesday, March 15, 2017.