Understanding Blood, Breath, and Urine Tests

When police pull over a driver they suspect of operating a vehicle while impaired (OVI), they usually ask that driver to take certain tests. These tests are meant to measure how intoxicated the person might be. Along with the Field Sobriety Tests discussed elsewhere on this site, officers also rely on several chemical tests for the same reason. The three main chemical tests are blood tests, breath tests, and urine tests. Each one works differently, and each one comes with its own rules and possible problems.

Breath Tests

Police have two ways to test a driver’s breath. The first method uses a small handheld device, often called a Breathalyzer, that the officer carries in the patrol car. In Ohio, the readings from these handheld units cannot be used as evidence in court. Even so, a result from one of these devices can still give an officer enough reason to arrest a driver for OVI. If you have questions about this, a Jefferson Ohio OVI attorney can explain how those readings might affect your situation.

The second method uses a larger, stationary machine kept at a police station or a state trooper post. Unlike the handheld units, the results from these machines can be used against you in court. When a driver is tested on one of these machines, the officer asks the person to blow into it as long and as hard as possible. The device then sends infrared waves through the breath sample. The machine measures how much of that energy is not absorbed by the alcohol in the breath. The more infrared light the breath absorbs, the higher the reported Blood Alcohol Content, or BAC.

In Ohio, the legal alcohol limit is 0.08 percent. If a driver’s breath test shows that number or higher, the driver will be arrested for OVI per se. In plain terms, this means the BAC reading itself is treated as proof that the person was driving drunk. If the result climbs to 0.17 percent or higher, the charge becomes a more serious “high test” OVI. This charge carries stiffer penalties than a charge based on a lower BAC reading. A skilled Jefferson Ohio criminal lawyer understands how these thresholds work and how they shape the case against you.

Keep in mind that a positive result does not automatically mean the test was correct. Many factors can throw off the reading. These include how much time passed between the person’s last drink and the test, and whether the driver vomited or burped right before blowing into the machine. There are also strict procedures and protocols officers must follow when giving these tests. If the person running the test skips a step or makes a mistake, the results can be unreliable. An experienced Jefferson Ohio OVI attorney will know exactly what to look for and may be able to challenge those flawed results in court.

Urine and Blood Tests

Officers usually turn to urine and blood tests when they want to find out whether a driver is under the influence of drugs, though these tests can detect alcohol as well. In most cases, police use them after a driver has refused a breath test. Just like with a breath test, you can refuse a blood or urine test. If you do, however, the officer can simply obtain a search warrant and require you to provide a sample anyway.

A clear set of procedures and protocols controls how urine and blood tests must be carried out. A few of the most important rules include the following:

• Your blood or urine sample must be collected in front of a witness.
• Your blood or urine sample must be taken within three hours of the OVI you are accused of committing.
• Any sample that produces a positive result must be tested a second time to confirm the finding.
• The sample must be analyzed in line with Ohio regulations, and the analysis must be done by someone who is qualified and trained according to Ohio law.

When any of these steps are ignored or mishandled, the outcome of a blood or urine test can be distorted. A faulty process might label a driver as intoxicated even when that person was not. A capable Jefferson Ohio criminal lawyer may be able to have those tainted results excluded, which can greatly improve your chances of getting the charges reduced or dismissed.

Warnings and Advice From Law Enforcement Regarding Chemical Tests

Police ask drivers to take chemical tests when they believe those drivers are under the influence. When they make this request, officers are required to inform drivers of their rights, both out loud and on paper. The written notice is Ohio Bureau of Motor Vehicles Form 2255. This form tells the driver that he or she is under arrest and has two hours to take one or more chemical tests. Refusing to do so counts as a refusal to submit, and it leads to an immediate suspension of the driver’s license. The form also informs the driver of the right to request an independent test, paid for out of his or her own pocket. A knowledgeable Jefferson Ohio OVI attorney can walk you through what this form means for your defense.

A witness must sign Form 2255 to certify that the arresting officer read it aloud to the driver. That witness is normally another officer. The driver then receives a copy of the form. This paperwork serves as proof that the driver knew his or her rights and that the police followed the law. Should any part of this process break down, a seasoned Jefferson Ohio criminal lawyer may find an opening to question how the arrest was handled.

Can I Refuse to Submit to a Test?

You might believe the officers had no good reason to pull you over, and you may feel completely sober. Even so, it is usually wiser to go ahead and take the tests. Refusing often creates far more trouble for you than a positive result ever would. A trusted attorney can help you weigh the consequences of refusal against the consequences of testing.

If you end up with a positive result from a blood, breath, or urine test, there is no need to give up hope.

The team at Youngstown Criminal Law Group knows OVI laws and procedures inside and out. A dedicated Jefferson Ohio criminal lawyer is ready to review your case, protect your rights, and fight for the best possible outcome. Contact us today at (330) 791-8104!