Blood testing is often used when a person is taken to the hospital in lieu of the police station. This tends to occur after auto accidents when medical treatment is necessary. It is generally considered the most accurate form of testing for the presence of alcohol in the system. However, blood testing is not without problems. For example, only one sample of blood is taken from a person. Any problems with this sample ultimately destroys the State’s case. The Ohio Administrative Code details specific guidelines for the draw, storage, and testing of a blood sample.
The following are some common challenges used to defend clients charged with OVI or DUI after a positive blood test:
- Usage of a wipe containing alcohol prior to drawing blood;
- The container is not sealed, labeled, or stored according to code;
- Licensing and training issues with the person who tested the sample;
- The sample was not drawn within three hours of the violation (not the arrest);
- Blood was not taken in compliance with the Ohio Department of Health requirements; and
- Defendant was coerced or forced into submitting to a blood test.
