Blood, Breath, and Urine Tests in DUI Cases

When a driver is pulled over on suspicion of Operating a Vehicle Impaired (OVI), they are frequently asked to undergo tests to measure their intoxication level. Beyond the Field Sobriety Tests often conducted roadside, chemical tests serve the same purpose. The main types of these tests are blood, breath, and urine analyses.

Understanding Breath Tests

Police can test a driver’s breath in two primary ways. The first involves a portable, handheld device, often referred to as a Breathalyzer, which an officer might carry in their vehicle. While the readings from these portable units are not admissible as evidence in an Ohio court, they can provide the probable cause needed to arrest a driver for OVI. A knowledgeable New Castle criminal lawyer can explain the nuances of this evidence in your case.

The second method utilizes a larger, stationary machine located at a police station or a state trooper barracks. The results from these more sophisticated machines are admissible and can be used against you in court. During this test, a driver is instructed to blow forcefully and for as long as possible into the device. The machine then passes infrared waves through the breath sample. It measures the amount of energy that is not absorbed by the alcohol present. The more infrared light absorbed by the sample, the higher the driver’s Blood Alcohol Content (BAC) is determined to be.

In Ohio, the legal limit for alcohol is a BAC of 0.08 percent. If a breath test shows a result at or above this level, the driver will be arrested for OVI per se. This charge implies that the BAC level itself is direct evidence of drunk driving. Should the driver’s BAC be 0.17 percent or higher, they face a more serious “high test” OVI charge. This enhanced charge carries significantly harsher penalties compared to a standard OVI. A skilled New Castle DUI lawyer can help challenge these results.

It’s important to remember that a positive result on any test for blood alcohol content is not automatically accurate. Various factors can influence the outcome, such as the time elapsed between the last drink and the test, or if the individual has recently vomited or burped. These tests must be administered following strict procedures and protocols. If the administrator fails to adhere to these rules, the results can be inaccurate. An experienced New Castle criminal lawyer will know how to scrutinize the testing process and may be able to contest the results in court.

Urine and Blood Tests Explained

Urine and blood tests are typically administered to check for the presence of drugs, although they can also detect alcohol. These tests are often used if a driver has refused to take a breath test. While you have the right to refuse a urine or blood test, the officer can then obtain a search warrant to compel you to provide a sample. Your New Castle DUI lawyer can advise you on the implications of a refusal.

Strict procedures and protocols also govern the administration of urine and blood tests. Several key requirements include:

• A witness must be present during the collection of your blood or urine sample.
• The sample must be collected within three hours of the alleged OVI incident.
• Any sample that tests positive must be re-tested to confirm the initial findings.
• The analysis of the sample must comply with Ohio regulations and be conducted by a person qualified and trained according to Ohio law.

If any of these procedures are not properly followed, the test results can be compromised, potentially showing a driver as intoxicated when they were not. A proficient New Castle criminal lawyer may be able to have such flawed results excluded from evidence, which can significantly improve the chances of having the charges reduced or dismissed.

Police Warnings and Advice Regarding Chemical Tests

When police officers request a driver to submit to chemical testing because they suspect impairment, they are required to inform the driver of their rights, both verbally and in writing. The written notice is provided on the Ohio Bureau of Motor Vehicles Form 2255. This form states that the driver is under arrest and has two hours to submit to one or more chemical tests. A failure to comply is treated as a refusal and leads to an immediate suspension of the driver’s license. The form also informs the driver of their right to request an independent test at their own expense. Consulting a New Castle DUI lawyer is crucial at this stage.

A witness, typically another police officer, must certify on Form 2255 that the arresting officer read the information to the driver. The driver is then given the form. This process serves as evidence that the driver was made aware of their rights and that the police followed legal procedure. An experienced New Castle criminal lawyer will review this documentation meticulously.

Can I Refuse to Take a Test?

You might believe that the police had no valid reason to stop you and that you are not intoxicated. However, it is generally advisable to comply and submit to the tests. Refusing can lead to more complications and immediate penalties, such as a license suspension, which can be more troublesome than a positive test result. If you find yourself facing a positive result from a blood, breath, or urine test, do not lose hope. A seasoned New Castle DUI lawyer from Youngstown Criminal Law Group will be able to help.

The complexities of OVI laws and testing procedures can be overwhelming. Criminal lawyer Sean Logue is well-versed in navigating these challenges. Contact us at (330) 992-3036 today for assistance.