Over the last decade, blood testing has become the favored form of evidence against those accused of DUI/OVI in Ohio and across the nation. As a result, it has become necessary for attorneys defending such charges to familiarize themselves with the testing protocols and potential sources of error that could occur during the blood collection and analysis process.
The process of blood collection and testing in Ohio is governed by the provisions of Ohio Administrative Code § 3701-53, et seq., and Ohio Revised Code § 4511.19(D)(1). When the results of blood-alcohol tests are challenged in connection with a criminal prosecution for DUI/OVI, the state must show that there was substantial compliance with these provisions before the results will be admissible in court. If the state fails to prove there was substantial compliance, the results of the blood test cannot be used as evidence at trial.
The following are some of the most common reasons blood test results are excluded from evidence are:
- The blood sample was not collected within the three hour time limit prescribed by O.R.C. § 4511.19(D)(1)(b).
- The blood sample was not collected using an aqueous solution of a non-volatile antiseptic on the skin, pursuant to O.A.C. § 3701-53-05 (B).
- The blood sample was collected using alcohol as a skin antiseptic, which is prohibited by O.A.C. § 3701-53-05 (B).
- The blood sample container was not sealed in a manner that would detect tampering pursuant to O.A.C. § 3701-53-05 (E).
- The blood sample container was not labeled with the name of the individual from whom the sample was extracted, date and time of collection, and the name or initials of the individual collecting the sample, pursuant to O.A.C. § 3701-53-05 (E) (1), (2) and (3).
- The blood sample was not kept refrigerated at all times following collection, except for transit or examination, pursuant to O.A.C. § 3701-53-05 (F).
- The technician that analyzed the blood sample did not have the proper permit required by O.A.C. § 3701-53-09.
These are just a few of the many ways in which the collection and testing of a blood sample can be challenged. A knowledgeable DUI/OVI attorney will be able to recognize and successfully dispute the procedure or results of blood-alcohol tests.
The attorneys of DiCaudo, Pitchford & Yoder have decades of experience defending the rights of individuals accused of DUI/OVI. If you have been charged with DUI/OVI, contact the attorneys at DiCaudo, Pitchford & Yoder today.