Operating a vehicle under the influence (OVI) is a serious charge in Ohio, and a blood test is typically used following an OVI arrest to nail down evidence of intoxication for a conviction. However, these tests are not infallible, and if the initial stop that resulted in the test was illegal, law enforcement may be forced to throw out the blood test results, even if they aren’t in your favor.
Cincinnati Attorney for Contesting OVI Blood Tests
If you have been charged with an OVI following a traffic stop and blood test, know that you may still have a case. Even if the test results are against you, there are many reasons why the test may show a false positive. Historically, women test higher for blood alcohol, despite not being intoxicated, because they have a reduced amount of the enzyme responsible for breaking down alcohol compared to men. Just because you took a blood test and failed does not meant that you are automatically guilty, despite what law enforcement may have you think.
The Wieczorek Law Firm, LLC is a Hamilton County based criminal defense firm that is dedicated to protecting your rights. Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Chemical Blood Testing in Ohio
- Chemical Blood Tests
- Why Blood Tests Are Preferred
- General Rules Relating to Blood Tests
- Defenses to OVI Blood Test Admissibility
- Differences Between Blood, Breath, and Urine Tests
- Scientific Evidence in OVI Trials
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Contesting Blood Tests in Hamilton County, OH
Chemical Blood Tests
Blood tests are considered the most accurate method for detecting drug and alcohol use in Operating a Vehicle Impaired (OVI) cases in Ohio. Unlike urine tests, blood tests measure the concentration of substances in the bloodstream, providing more precise and immediate evidence of impairment at the time of the test.
Types of Blood Tests for OVI
- Gas Chromatography-Mass Spectrometry (GC-MS): This is a gold-standard laboratory method for confirming the presence of drugs or alcohol. It is highly sensitive and accurate but requires specialized equipment and expertise.
- High-Performance Liquid Chromatography (HPLC): Similar to GC-MS, this method is used for the precise detection of drugs and metabolites, especially for complex cases involving multiple substances.
- Enzyme-Linked Immunosorbent Assay (ELISA): Often used for initial screenings, ELISA tests are efficient and can detect a broad range of substances. Positive results typically require confirmatory testing.
- Headspace Gas Chromatography (HSGC): Specifically used for measuring blood alcohol concentration (BAC), this method provides reliable BAC levels crucial for prosecuting OVI cases involving alcohol.
Top Drugs Detected Through Blood Tests for OVI in Ohio
- Alcohol (ethanol)
- Marijuana (THC and metabolites)
- Cocaine
- Amphetamines
- Methamphetamines
- Opiates (e.g., morphine, codeine)
- Heroin (6-MAM metabolite)
- Fentanyl
- Hydrocodone
- Oxycodone
- Benzodiazepines (e.g., Valium, Xanax)
- Barbiturates
- Methadone
- Buprenorphine
- PCP (phencyclidine)
- MDMA (Ecstasy)
- Ketamine
- Tramadol
- Synthetic cannabinoids (e.g., Spice, K2)
- Synthetic cathinones (e.g., “bath salts”)
Why Blood Tests Are Preferred
Blood tests provide a shorter detection window than urine tests but are far more accurate in determining the actual concentration of substances. This makes them particularly valuable in OVI cases where timing and dosage play a critical role in demonstrating impairment. Blood test results are key evidence in upholding Ohio’s stringent OVI laws.
Blood Test Administration Procedure
While the exact procedure for blood testing may vary across jurisdictions, the following is a general guideline for local police departments.
Legal Authorization and Testing Timelines
Officers must obtain a blood sample within three hours of the alleged offense unless the test is conducted under Ohio Revised Code (ORC) 4511.19(A)(1)(a), which allows for no time limit. Blood tests are prioritized when the suspect is hospitalized, with a search warrant or voluntary consent required for obtaining the sample.
Chain of Custody and Evidence Handling
Proper documentation of blood samples is critical. Specimens must be labeled with the suspect’s details, collection time, and the individual performing the collection. Evidence is secured using evidence tape and processed following strict chain-of-custody requirements, as per ORC and Administrative Code 3701-53. This ensures the integrity of samples used in court.
Authorized Personnel
Blood samples must be drawn by licensed medical professionals, such as registered nurses, phlebotomists, or chemists. Fire Department paramedics may assist only under specific circumstances, such as medical emergencies, and are not summoned solely for blood sample collection.
Special Circumstances for Multiple Offenders
For repeat OVI offenders (e.g., two or more convictions within 10 years), officers may seek a warrant for a blood draw if the suspect refuses testing. This emphasizes the importance of collecting evidence in cases involving habitual violations.
Procedural Safeguards
Officers must avoid using alcohol swabs to clean the area before drawing blood to prevent contamination. Two blood specimens are collected, sealed, and submitted for analysis at designated facilities. If procedural errors occur, the validity of the evidence can be challenged in court.
Administrative License Suspension
Refusal to provide a blood sample results in immediate administrative license suspension (ALS). Arresting officers are required to complete and present a Form BMV-2255, explaining the legal consequences of refusal, witnessed by another officer.
Coordination with the Traffic Unit
Any irregularities in testing equipment or processes are promptly reported to the Traffic Unit. This ensures compliance with regulatory standards and prevents procedural deficiencies.
Defenses to OVI Blood Test Admissibility
Procedural Errors in Blood Testing
Ohio law, specifically Ohio Admin. Code 3701-53-05, outlines strict procedures for collecting, storing, and testing blood samples. Common procedural errors include failure to refrigerate samples promptly, mishandling during transit, or improper chain of custody documentation. If the prosecution cannot demonstrate substantial compliance with these rules, the evidence may be deemed inadmissible.
Improper Warrant Procedures for Blood Draws
Under Ohio Revised Code Section 4511.191(A)(5), law enforcement must follow legal procedures when obtaining a warrant for a forced blood draw. Any failure to adhere to warrant requirements or violations of a suspect’s constitutional rights during the process can lead to evidence suppression.
Contamination or Testing Equipment Malfunction
Blood samples can become contaminated or compromised during collection or testing. Additionally, testing equipment must be properly calibrated and maintained according to Ohio Department of Health regulations. Evidence of faulty equipment or contamination may undermine the accuracy of BAC results.
Timing and Rising BAC Defense
Blood alcohol concentration can continue to rise after a person stops drinking. If there was a delay between the time of driving and the blood test, the BAC might inaccurately reflect the level at the time the defendant was operating the vehicle.
Differences Between Blood, Breath, and Urine Tests
Ohio law allows blood, breath, and urine tests to determine a driver’s impairment under Ohio Revised Code Section 4511.19. Blood tests are often considered the most accurate but require strict handling to ensure reliability. Breath tests, commonly conducted roadside, can be influenced by equipment calibration or environmental factors. Urine tests, though less frequently used, are often challenged due to contamination risks and the difficulty of accurately measuring impairment from metabolized substances.
Scientific Evidence in OVI Trials
Scientific evidence plays a significant role in OVI trials. Prosecutors rely on blood alcohol concentration (BAC) results obtained through methods such as gas chromatography. Defense attorneys may challenge the reliability of these results by questioning whether the equipment was properly calibrated, whether testing methods adhered to Ohio Department of Health regulations, or whether contamination occurred during the collection or analysis process. Expert witnesses, such as toxicologists, can help cast doubt on the prosecution’s case by explaining alternative explanations for BAC results or highlighting procedural flaws.
Frequently Asked Questions
- What is the legal BAC limit in Ohio?
Ohio Revised Code Section 4511.19 establishes the legal BAC limit as 0.08% for most drivers, 0.02% for drivers under 21, and 0.04% for commercial drivers. - Can a person refuse a blood test in Ohio?
Yes, but refusal results in an automatic license suspension under Ohio Revised Code Section 4511.191. Refusal may also lead to enhanced penalties if convicted. - What happens after refusing a blood test?
Law enforcement may obtain a warrant to compel a blood draw, particularly for repeat offenders. Additionally, refusal is admissible in court as evidence of impairment. - How accurate are blood alcohol tests?
Blood alcohol tests are generally reliable but can be challenged based on procedural errors, equipment malfunctions, or contamination during collection or testing. - What is “substantial compliance” in blood test cases?
Substantial compliance means minor deviations from procedural rules (e.g., brief delays in refrigeration) do not automatically make the test inadmissible, provided the reliability of the results is not compromised. - Can BAC levels rise after driving?
Yes, BAC levels can increase for a period after drinking, which may lead to higher readings during testing than at the time of driving. This is called the “rising BAC” defense. - What are the penalties for a first-time OVI conviction?
A first offense typically includes up to six months in jail, fines ranging from $375 to $1,075, and a license suspension of 1–3 years under ORC 4511.19. - Can an OVI conviction be removed from a person’s record?
No. OVI convictions are not eligible for expungement or sealing in Ohio, making it critical to mount a strong defense against the charges.
Additional Resources
- OVI Blood Test in Ohio Source – Cincinnati Police Department Procedures – This source provides detailed information about the procedures for processing and arresting individuals suspected of operating a vehicle under the influence (OVI) in Cincinnati, Ohio. It outlines the steps law enforcement officers must follow, the types of chemical tests administered, and how evidence is handled in OVI cases.
- Ohio Revised Code Section 4511.191 – Implied Consent Law – This law outlines Ohio’s implied consent rule, requiring drivers to submit to chemical tests when suspected of OVI. It explains the procedures for requesting tests, the consequences of refusal, and how administrative license suspensions are imposed following test refusals or failures.
- Court News Ohio – Standards for Admitting Blood Test Evidence in OVI Cases – This source discusses a legal case in Ohio that clarified standards for admitting blood test evidence in OVI cases. It explains the importance of following health department regulations, how courts assess compliance with these rules, and the procedures for challenging blood test evidence in criminal trials.
- National Library of Medicine – What Is a Blood Alcohol Test? – This source provides an overview of blood alcohol tests, explaining how they measure alcohol levels in the bloodstream. It describes the uses of these tests in legal, medical, and employment contexts, along with the risks and limitations of such tests.
Hire an Attorney for Contesting Blood Tests in Hamilton County, OH
The Wieczorek Law Firm, LLC is a Hamilton County based criminal defense firm that is dedicated to protecting your rights. The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
If you or someone you know has been charged with an OVI following a blood test, call (513) 317-5987 for a free initial consultation, or fill out our online contact form.