Understanding Blood Test Results in Ohio Drunk Driving Cases

When you are pulled over for driving under the influence (DUI), also known as an OVI in Ohio, and a breath test is part of the process, you may be asked to provide a blood sample. These samples, requested by a law enforcement officer, are called “legal blood.” If you choose not to provide a blood sample after being informed of Ohio’s implied consent warning, you could be accused of refusing a chemical test. This refusal can affect both administrative penalties and criminal charges against you.

Officers might also try to obtain your medical records to see the blood alcohol concentration (BAC) measured by hospital staff; this is often referred to as “medical blood.” For those facing these charges, consulting with an experienced New Castle criminal lawyer can be a critical step in navigating the legal system.

In Ohio, there are three primary methods for law enforcement or prosecutors to get hospital blood test results or records: a direct request to law enforcement, a demand for hospital records, or by obtaining and executing a search warrant.

If you have been arrested for an OVI that involves a blood test in New Castle, Ohio, it is crucial to contact a skilled New Castle DUI lawyer at Youngstown Criminal Law Group. Our firm represents clients in various driving-related offenses across Coshocton County, OH. We offer complimentary consultations to review the specifics of your situation.

Law Enforcement’s Blood Test Requests After a DUI Arrest

After an arrest for a suspected OVI, an officer can ask you to take a blood test under Ohio’s implied consent law. Alternatively, they can proceed with your direct consent. The blood must be drawn by a qualified professional, such as a Physician, Registered Nurse, Technician, Chemist, or Phlebotomist, as outlined in R.C. §4511.19(D)(1)(b).

Blood draws must also follow the procedures established by the Department of Health, according to O.A.C. §3701.53 et seq. For the results to be admissible in court, the blood must have been collected at a facility permitted by the Department of Health or be validated through expert testimony.

Similarly, for hospital-requested records, R.C. §2317.02(2)(a) allows officers to seek access to medical blood test records. These records are considered admissible if the Department of Health’s standards were followed or if confirmed by expert testimony. Speaking with a New Castle criminal lawyer can help clarify how these regulations apply to your case.

Another way to get these records is with a search warrant. In Ohio, when a search warrant is served to a healthcare provider, it allows officers to inspect the actual blood sample using methods approved by the Health Director.

How HIPAA Affects Law Enforcement’s Record Requests

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) can impact how Ohio law enforcement officers obtain hospital records. It is not uncommon for healthcare providers to refuse to release blood test results, citing potential HIPAA violations.

However, Ohio law provides specific exceptions where HIPAA rules do not apply:

• Legal Compliance: To comply with state, federal, or local legal requirements for inquiries, assessments, inspections, and licensing under R.C. §2317.02.
• Law Enforcement Purposes: In situations where someone is a victim of a crime, is associated with criminal activity, or has made threats of criminal conduct. A knowledgeable New Castle DUI lawyer can advise on the legality of such requests.
• Court Orders: When a court order, such as a search warrant, has been issued.

Seeking an Expert OVI Defense Lawyer for Blood Test Cases

If you are facing an OVI charge in Ohio that involves a blood test to determine alcohol content, it is essential to consult with a dedicated Youngstown criminal attorney. It doesn’t matter if your test was conducted for legal reasons by the police or for medical purposes by hospital staff; a prosecutor may be able to obtain and use these results against you. A New Castle criminal lawyer can provide guidance on how to best approach your defense.

Contact the attorneys at Youngstown Criminal Law Group in Youngstown at (330) 992-3036 to explore the potential defenses that could be relevant to your unique circumstances.