OVI Blood Tests in Jefferson

If you’ve been arrested on suspicion of OVI, the officer who arrested you will most likely ask you to take a blood test. This test measures your blood alcohol concentration, or BAC. Before drawing your blood, the officer must read you a notice explaining that you already agreed to these tests when you signed for your driver’s license. Should you refuse to let them draw your blood, you can face a separate charge for refusing to submit to chemical testing. A refusal like this carries serious consequences—both criminal and administrative.

Facts About Blood Tests

When a police officer requests a blood sample, that sample is known as “legal blood.” Blood records the officer obtains from a hospital, on the other hand, are called “medical blood.” In many cases, the arresting officer will try to get hold of hospital records so they can use your BAC results to build a case against you. A skilled Jefferson Ohio OVI attorney can help you understand how these distinctions affect your defense.

Ohio law gives prosecutors and police three different ways to obtain blood test results or records from a hospital: a search warrant, a law enforcement request, or a hospital records request. Each method comes with its own rules, and a knowledgeable lawyer will know how to challenge the way evidence was collected.

Law Enforcement Request for Blood Test Records

When an officer arrests you on suspicion of OVI, they will ask you to allow a blood test. At that point, you either consent or refuse—though refusing brings its own set of penalties. If you agree, the blood is usually drawn at a hospital. Only certain professionals are permitted to draw blood for the test: a phlebotomist or chemist, a physician, a qualified technician, or a registered nurse. You’ll find this addressed in the Ohio Revised Code, Section 4511.19(D)(1)(b). If your sample was handled improperly, a Jefferson Ohio OVI attorney may be able to get the results thrown out.

The Ohio Department of Health sets out the exact procedures for drawing blood in the Ohio Administrative Code, Section 3701.53. The lab or hospital that draws your blood must hold a special permit. Without one, the results won’t be admissible in court. The only other way for those results to be used is if the prosecutor brings in an expert to testify.

When an officer makes a law enforcement records request, they ask the hospital to release the results of blood that was drawn for medical reasons. Picture this scenario: there’s an accident, a driver is injured, and they’re taken to the hospital, where blood is drawn to treat their injuries. If a police officer suspects alcohol played a role, they can ask the hospital to hand over that driver’s blood test results. Just as before, these results can only be used in court if the hospital is a specially permitted facility that followed standard protocol—or if an expert testifies alongside them. This is exactly where a sharp Jefferson Ohio criminal lawyer can make a real difference in your case.

When an officer chooses the search warrant route, they ask a judge for a warrant and then serve it on the hospital. The warrant orders the medical facility to release the actual blood sample to law enforcement, who then take it elsewhere to have it analyzed.

HIPAA—the American Health Insurance Portability and Accountability Act of 1996—can make it harder for police officers to obtain the records they’re after. Even so, there are exceptions to these privacy rules that allow hospitals to share information with law enforcement:

• When ordered by a court, whether through a search warrant or another court order.
• For investigations, inspections, licensure, and audits, when state, federal, or local law requires it.
• If you have threatened to commit a crime, are the victim of a crime, or have been involved in a crime.

Understanding these exceptions is one more reason to have a trusted Jefferson Ohio criminal lawyer reviewing every detail of how the evidence against you was gathered.

Refusing or Failing a Blood Test

Keep in mind that you do have the right to refuse a blood test after an OVI arrest. That said, this choice comes with severe legal and civil consequences. And remember—a failed blood test doesn’t have to be the end of the road. The Youngstown Criminal Law Group knows OVI law and defense inside and out. Sean Logue has defended hundreds of cases and understands how to fight for you based on the specifics of your situation. Whether you need a dedicated Jefferson Ohio OVI attorney, help is just a phone call away. Call (330) 791-8104.