Chemical Testing for Blood Alcohol Content Levels
In an implied consent state, you are required to submit to chemical testing if ordered by a law enforcement officer. Although you can refuse, it has the potential to compound your difficulties by adding an automatic driver's suspension that is brought by the Ohio Bureau of Motor Vehicles (BMV).
It's in your best interests to understand all of your legal options and work with a defense attorney who understands the science and potential weaknesses of modern OVI tests. This website provides more information on the following:
Cincinnati DUI Chemical Testing Attorney
Science is not perfect, especially when people get involved. Testing of blood, breath, or urine is commonly used on suspected drunk and drugged drivers in Ohio. However, there are many factors that can result in a false test result, which can be used to file a motion to suppress evidence. Constitutional rights violations and failure to read Miranda Warnings may even help your lawyer obtain a case dismissal entirely.
Our defense attorneys confidently represent adults and minors throughout Central Ohio who have been charged with driving under the influence. This includes providing legal counsel to those arrested in and around the cities of Cincinnati, Hamilton, Norwood, Middletown, Lebanon, Sharonville, Forest Park, Springboro, Fairfield, Butler, Mason and Oxford.
To schedule a free consultation with one of our attorneys and learn more about the implications of your testing results, please call (513) 399-6289 or send an online message today. Joslyn Law Firm prides itself on a quick response time, so you should rest assured knowing that we will immediately begin the process of defending your name.
Testing for Alcohol or Drug Levels in Suspected OVI Offenders
- An Overview of Implied Consent Laws in Ohio Under ORC §4511.191
- Common Drugs and Narcotics Involved in Chemical Testing
- What Happens If a Chemical Test is Refused After a DUI Arrest?
- Cincinnati Police and OSHP Testing of DUI Offenders
In the Buckeye State, we have what is called an implied consent law, which affects every driver in the state. All drivers, when applying for and receiving an Ohio driver's license, agree to submit to a chemical test of their blood, breath or urine if a law enforcement officers suspects the driver of being under the influence of drugs or alcohol.
If you refuse to submit to such a test, your license will be suspended, effective immediately, and you will be required to attend a hearing in court. Unless there are special circumstances in your case, you will have your driver's license suspended for 1 year for failing to submit to a field sobriety test. This is for the first refusal only, with future refusals likely resulting in longer suspensions and harsher penalties.
In addition to an individual's violation of the implied consent statute, that refusal will also trigger the new twenty-year “look back” rule. Ordinarily, the enhancement provisions of Ohio’s DUI laws depend upon the number of convictions within the prior six years. Because of a refusal, the enhancement provision is triggered for any prior OVI violations in the last twenty years.
This means that if you refuse a test and your history shows that you had at least three convictions in the past twenty years (even if not within the last six years), you will be charged with a fourth degree felony, as opposed to a first degree misdemeanor.
The following are the levels of the substances that need to be in your system at the time of testing to be charges with a DUI:
The person has a concentration of amphetamine (meth) in their urine of at least 500 nanograms (per milliliter) OR 100 nanograms (per milliliter) in their blood.
The person has a concentration of cocaine (coke) in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
The person has a concentration of heroin in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
The person has a concentration of LSD (acid) in their urine of at least 25 nanograms OR at least 10 nanograms in their blood.
The person has a concentration of marihuana (marijuana, weed, bud, pot, ganja, herb) in their urine of at least ten nanograms OR at least two nanograms in their blood.
It is a crime to refuse to submit to chemical testing within 20 years of a prior guilty plea or conviction of OVI. Under § 4511.19(A)(2), any person who refuses to submit after being warned of the penalties for refusal in the aforementioned situation, could face an arrest for refusal to submit to alcohol testing in addition to any other OVI charges.
An arrest for refusal to submit is a misdemeanor of the first degree, and is punishable by:
- Three consecutive mandatory days in jail, but no more than six months total in jail;
- A fine not less than $375 or more than $1,075;
- A three-day driver’s intervention program (if the individual refuses the driver’s intervention program, they will be required to spend six consecutive days in jail);
- A class five driver’s license suspension for a period ranging from six months to three years; and/or
- Installation of an ignition interlock device.
It is possible to appeal an Administrative License Suspension at the initial court appearance which is held within 5 days of the arrest, according to §4511.197. The driver may also petition the court for limited driving privileges any time subsequent to the date on the notice of suspension. Occupational driving privileges cannot be granted during the following periods:
- First 30 days of suspension on a first offense.
- First 90 days of suspension on a person who had a previous refusal within 6 years.
- First year of suspension on a person who had 2 previous refusals within 6 years.
- First 3 years of suspension on a person who had 3 previous refusals within 6 years.
- A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.
If you or a loved one has been charged with driving under the influence in Central Ohio, it may seem as though you have no options other than to take the penalty and move on. This is a hazardous mindset that could lead to detrimental long term effects to your social, professional and financial well-being. It is vital that you immediately get in contact with a qualified Cincinnati criminal defense attorney who understands how the results of your chemical test can be potentially used to your advantage.
Every member of our legal team is driven to help you gain your freedom - we do not settle for the easiest outcome. Because of this, we pour over every single detail surrounding your arrest, including evidence and procedure used by the arresting officers. We are motivated by a higher cause, and tirelessly fight for men and women across the region. This includes communities throughout Hamilton, Norwood, Sharonville, Forest Park, Middletown, Loveland, and nearby areas.
To schedule a free consultation to go over the specifics of your case with a DUI attorney in Hamilton County, call(513) 399-6289 today. Our firm will proudly discuss you options at no charge and will provide you with the level of legal counsel expected from a strong and committed legal practice.