A blood test is considered to be the most accurate and invasive chemical testing method. Such a test is often employed when an officer believes a driver is under the influence of drugs, or when a suspect is unable to provide a breath sample following a DUI accident.
A blood test may be the most accurate chemical test, but the method has its flaws, especially when drugs such as marijuana are involved. An OVI blood test must also follow specific requirements and health standards. If a phlebotomist or law enforcement officer fails to comply with these regulations, the results may be inadmissible in court.
Columbus, OH OVI Defense Lawyer
You have come to the right place if you have been convicted of OVI based on a blood test. Joslyn Law Firm has been nationally recognized for its OVI defense. We will use this experience to your advantage when challenging the blood test results.
Call to schedule a confidential consultation with Joslyn Law Firm. We defend those accused of OVI in central Ohio counties including Franklin County, Delaware County, Union County and more.
- Ohio OVI Blood Testing Regulations
- OVI High Test
- What Happens if I Refuse an OVI Blood Test?
- Additional Resources
As with other chemical testing methods, law enforcement and medical professionals are required to abide by certain regulations when conducting a blood test. If they fail to follow these rules, the test results may be thrown out of court.
A police officer is required to have a warrant to collect a blood sample because of the test’s invasive nature. There is typically a local judge on call specifically to authorize warrants for blood tests in OVI cases, so the officer will not have trouble obtaining one.
The blood sample must be collected in either a crime lab or a health care facility. No matter where the sample is collected, a licensed medical professional must collect the sample. When a crime lab administers the test, the sample is required to be collected within three hours of the OVI violation, not the arrest.
Compliance with the Ohio Department of Health is not required when a health care provider administers a blood test. What is required, though, is expert testimony on the test and how the results relate to intoxicated driving.
Blood samples collected at a crime lab must comply with standards set forth by the Department of Health. Some of the standards include how the sample was collected and handled, operations of the lab, permits, sampling techniques and how records are maintained.
Ohio is unique in that is relies on the level of an OVI chemical test to determine the extent of the crime’s penalties. When a blood test comes back with high levels, you can expect greater penalties than if the test was low.
The following blood concentration levels are considered high test:
|Alcohol||.17% or greater|
|Marijuana||2 ng or greater|
|Cocaine||50 ng or greater|
|Methamphetamine||100 ng or greater|
|Heroin||50 ng or greater|
|Amphetamine||100 ng or greater|
|LSD||10 ng or greater|
You have the right to refuse an OVI blood test, but doing so will come with consequences. Because Ohio is an implied consent state, you will be arrested and your driver’s license will be suspended if you refuse a chemical test.
Under the state’s implied consent laws, you are implicitly agreeing to chemical testing by law enforcement when you drive on the Ohio roadways. The officer requesting the chemical test is required to notify you of the consequences if you refuse.
The length of the suspension will depend on previous refusals. Your license will be suspended for a year for a first refusal, two years for a second and three years for a third refusal. Any subsequent refusal will result in a license suspension for five years. If you have been convicted of OVI within the past ten years, refusal will result in increased penalties if you end up being convicted for the current offense.
Law enforcement will try and persuade you to submit to a chemical test. Don’t be tempted. Your driver’s license will likely be suspended regardless if you deiced not to submit. Under Ohio law, your driver’s license will be suspended if you submit to the test and are found to be over the legal limit.
Whether your license is suspended for refusal or a failed chemical test Joslyn Law Firm will do everything it can to have the court grant limited driving privileges.
Alcohol Testing | Ohio Administrative Code – Read the section of the Administrative Code over alcohol testing. You can learn about the approved methods for obtaining a blood sample and the collection and handling standards. You can also gain access to information about breath and urine test.
Implied Consent | Ohio Revised Code – Visit the Ohio Laws and Rules website to read the section of the Revised Code over implied consent. You can read the precise definition of the crime and the exact phrasing of what an officer is required to say when a driver does not submit to a chemical test.
Columbus, OH OVI Blood Test Defense Attorney
Exercise your right to legal counsel and contact Joslyn Law Firm. We have proven experience defending OVI cases in central Ohio and we want to do the same for you. Call to schedule a confidential consultation.
Joslyn Law Firm defends those accused of OVI related crimes in counties such as Madison County, Pickaway County, Fairfield County and Licking County.