DUI Blood Tests in Columbus and Delaware, Ohio
If you are arrested for DUI and refuse to submit to a blood, urine or breath test, the police can compel you to give a blood sample under certain circumstances. The officer must first obtain a search warrant to conduct an involuntary blood test. However, the police may obtain an involuntary blood sample without a search warrant if “exigent circumstances” (i.e., a compelling need and no time to secure a search warrant) are present. Be aware, however, that refusal to submit to a blood test will result in an administrative license suspension (ALS).
Ohio Law Regarding DUI Blood Tests
DUI blood tests can be administered either in a crime lab or by a health care provider. The primary difference between the two is what law governs their admissibility in court.
For blood drawn by a crime lab, the sample must be obtained within 3 hours and tested in compliance with Ohio Department of Health regulations. For blood tests conducted by a health care provider, expert testimony must be given regarding the blood test and how those results relate to impaired driving. Compliance with Ohio Department of Heatlh regulations is not required.
Attorney Review of Blood Tests
An attorney can review the blood test records and determine if the test was administered correctly. Areas ripe for issues include whether the crime lab collected, sealed and stored the sample correctly, and analyzed it according to state regulations. Problems in these areas can lead to the blood test being inadmissible in court.
Columbus and Delaware, Ohio DUI Defense Lawyer
If you have been charged with DUI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI case.