How to Challenge the Results of an Ohio DUI Blood Test

Introduction

When facing an OVI or DUI charge in Ohio, the type of chemical test used to determine blood alcohol content (BAC) can significantly impact your OVI / DUI defense strategy. While breath tests are the most common, blood tests are often considered more accurate. However, they are not infallible.

Understanding how blood samples are collected, processed, and challenged is crucial in OVI / DUI defense cases. In this article, we’ll explore how OVI / DUI blood tests work, their accuracy, and how an experienced OVI / DUI lawyer can challenge the test results in an Ohio OVI / DUI case.

DUI vs OVI

The state of Ohio uses the acronym OVI, which stands for Operating a Vehicle while Intoxicated, when referring to a charge in which a defendant is arrested and/or charged for driving under the influence of alcohol or another substance that impairs one’s ability to drive.

More people are familiar with DUI for Driving Under the Influence. This blog will use the terms interchangeably.

For more information about the difference between DUI and OVI, please refer to our blog, What’s the Difference Between an OVI vs DUI in Ohio.

What Is an OVI / DUI Blood Test?

A DUI blood test measures the amount of alcohol or drugs in a person’s bloodstream. Unlike a breathalyzer test, which estimates BAC through breath samples, a blood sample provides a direct measurement of alcohol in blood. However, these tests must follow strict Ohio law guidelines to ensure accurate results.

How Accurate Are Blood Tests in OVI / DUI Cases?

While generally more reliable than breath tests, blood test results can still be flawed due to issues with the collection of the blood sample, testing equipment, and chain of custody. For instance:

• Blood samples must be collected properly to yield an admissible result.
• Blood samples must be preserved and stored properly to prevent contamination or spoilation.
• The amount of alcohol in whole blood differs from serum or plasma, leading to potentially inadmissible results.
• Testing procedures must comply with Ohio Department of Health regulations to be valid in court.

Can You Refuse a Blood Test in Ohio?

Ohio operates under implied consent laws, meaning that refusing a chemical test can result in an administrative license suspension. However, the right to refuse exists in certain situations. A criminal defense attorney can evaluate whether your refusal was justified and help dismiss the case if law enforcement failed to follow proper procedures.

Understanding Ohio OVI / DUI Blood Test Laws

Ohio’s DUI or OVI laws, as defined by the Ohio Revised Code, require that blood tests be conducted within three hours of a suspected OVI /DUI arrest. Additionally, law enforcement must show substantial compliance with Department of Health rules when testing procedures are conducted.

How Police Officers Conduct OVI / DUI Blood Tests

To test the blood, police officers must:

1. Obtain consent or a warrant (except in certain emergency cases).
2. Ensure the blood specimen is drawn properly by a qualified medical professional.
3. Use testing equipment that is properly calibrated and maintained.
4. Follow chain of custody rules to prevent tampering.

Chain of Custody: Why It Matters in Your OVI / DUI Defense

The chain of custody refers to the documented handling of a blood sample, from collection to analysis. Any break in this process can result in inadmissible test results. If the state must show substantial compliance but fails to do so, your DUI defense lawyer may be able to challenge the results.

Common Errors in OVI / DUI Blood Sample Testing Procedures

Errors in blood draw procedures can significantly impact DUI defense strategies. Some common mistakes include:

• Improper procedures when collecting the sample.
• Contamination from sterilization or other substances on the blood draw location.
• Use of serum or plasma instead of whole blood, which can inflate BAC readings.

How an Ohio OVI / DUI Defense Lawyer Can Challenge the Results

An experienced OVI / DUI defense attorney can challenge OVI / DUI blood test results by:

• Examining whether the blood test sample was mishandled.
• Investigating whether the law enforcement officer followed Ohio law and required procedures.
• Questioning the validity of the testing procedures.

Blood vs. Breath Tests: Which Is More Reliable?

While blood tests are generally considered more reliable than breathalyzer tests, they are still prone to error. Some key differences include:

• Breath tests measure alcohol in breath, which can be affected by many factors, including body temperature, mouth contamination, or belching.  
• Blood tests measure alcohol in the blood, but results can be skewed if testing procedures are not followed correctly.

What to Do If You Are Charged with an OVI / DUI in Ohio

If you are charged with an OVI / DUI, it’s crucial to contact a criminal defense attorney immediately. Steps to take include:

• Schedule your free consultation with an OVI / DUI defense lawyer.
• Review whether the test was conducted in compliance with Ohio law.
• Gather evidence to challenge the results and seek to dismiss the case.

Key Takeaways

• An OVI / DUI blood test is a common method of measuring BAC, but it is not infallible.
• Ohio has strict regulations for testing procedures and chain of custody.
• You may have the right to refuse, but doing so can lead to an administrative license suspension.
• A defense lawyer can challenge a blood test result if errors occurred during blood draw or analysis.
• If you are charged with an OVI / DUI, contacting an OVI / DUI defense attorney is critical.

If you or a loved one is facing OVI / DUI charges, contact our law firm today to learn how we can help protect your rights.