Law Enforcement Must Follow the Rules Too


February 19, 2016

When it comes to OVI/DUI cases, there are rules for drivers to follow and rules for the police to follow. Failure to do so can result in consequences for both sides. For the driver, it can be anywhere from jail time to suspended license. The consequence for the law enforcement is to not be able to use that evidence against the driver.

The Ohio Revised Code and Ohio Administered Code states that blood tests must be in accordance with methods approved by the Department of Health. If those guidelines are not met, then the blood test may not be used no matter what the results are. In the recent cases of State v. McCall and State v. Dukes, the officials did not follow the correct procedure and the evidence had to be thrown out. Both cases involved incorrect handling of the blood sample and lacked compliance with the law. A good defense attorney will file a motion to have that evidence suppressed. This also applies to breathalyzer tests and filling out paperwork. If anything in the process of arresting someone is not followed to the letter of the law, it can be enough for an experienced defense attorney to get the charges dropped.

It is a common misconception that a failed test will guarantee a guilty result. Nothing is guaranteed. The lawyers at DiCaudo, Pitchford & Yoder have extensive experience in assuring all officers followed the necessary steps when an OVI/DUI occurs. They investigate every step of your case to assure your rights have not been violated. To set up an in-person consultation, contact the attorneys of DiCaudo, Pitchford & Yoder today.