OVI Blood Tests in New Castle

If you are pulled over and arrested on suspicion of Operating a Vehicle Impaired (OVI) in New Castle, the arresting officer will most likely request that you submit to a blood test. This is done to scientifically measure your blood alcohol concentration (BAC). It is important to understand that under Ohio law, holding a driver’s license means you have already given “implied consent” to this testing. The officer is required to read a form to you that explains this concept. If you choose to refuse the blood draw, you are not just declining a test; you can be charged with a separate offense for refusing chemical testing. This carries its own set of immediate criminal penalties and administrative license suspensions.

Facts About Blood Testing

It helps to distinguish between the two types of blood evidence. “Legal blood” refers to samples drawn specifically at the request of law enforcement. “Medical blood” refers to samples drawn by hospital staff for medical treatment, which police later attempt to access. Officers will frequently try to secure these hospital records to use the BAC data against a defendant. An experienced New Castle DUI lawyer understands that prosecutors and police generally use three distinct methods to obtain these records or results: a search warrant, a direct law enforcement request, or a request for hospital records.

Law Enforcement Requests for Blood Test Records

When an arrest occurs, the officer will ask you to consent to a blood test. If you agree—or if you refuse and face the consequences—the blood is typically drawn at a medical facility. The police officer does not draw the blood; per Ohio Revised Code Section 4511.19(D)(1)(b), the sample must be collected by a qualified professional, such as a physician, registered nurse, phlebotomist, chemist, or qualified technician. A New Castle criminal lawyer from Youngstown Criminal Law Group can help determine if the person who drew your blood was legally qualified to do so.

The Ohio Department of Health sets strict protocols for these procedures under the Ohio Administrative Code, section 3701.53. A critical detail is that the laboratory or hospital drawing the blood must hold a specific permit. If the facility is not properly permitted, the results are generally inadmissible in court unless the prosecution brings in an expert witness to validate them. Your New Castle DUI lawyer will know how to check the status of the facility’s permit.

Hospital Records Requests

In scenarios involving accidents where a driver is injured, they are often taken to a hospital where blood is drawn for medical purposes. If an officer suspects alcohol use contributed to the crash, they may ask the hospital to release those specific blood test results. Similar to the rules for “legal blood,” these results are typically only usable in court if the hospital is a specially permitted facility following standard protocols, or if an expert provides testimony. Navigating these technicalities is a key task for a New Castle criminal lawyer.

Search Warrants and Privacy Laws

The third method available to police is the search warrant. In this scenario, the officer presents evidence to a judge to obtain a warrant, which is then served to the hospital. This legal order requires the medical facility to hand over the physical blood sample to law enforcement, who then take it to a lab for analysis.

While the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects patient privacy, it can be an obstacle for police. However, there are specific exceptions to these privacy rules that allow hospitals to release information to law enforcement:

• When ordered by a court, such as through a search warrant or other court orders.
• For specific audits, inspections, licensure, and investigations when required by local, state, or federal law.
• If you are a victim of a crime, have threatened to commit a crime, or have been involved in the commission of a crime.

Refusing or Failing a Blood Test

It is vital to remember that you have the right to refuse a blood test after an OVI arrest, though you must be aware that severe civil and legal consequences follow that decision. Furthermore, a failed test does not automatically guarantee a conviction. A skilled New Castle DUI lawyer is intimately familiar with OVI defense strategies and Ohio law. We have defended hundreds of cases and know how to fight for your specific situation. Call (330) 992-3036 for help today.