More on Blood, Breath, and Urine Tests
When a driver is suspected of OVI (Operating a Vehicle Impaired) in Ohio, they may undergo specific tests to determine their level of intoxication. These tests include field sobriety tests, blood tests, breath tests, and urine tests.
Let’s focus on breath tests. There are two methods of conducting breath tests. The first one involves a handheld device, commonly known as a Breathalyzer, which police officers keep in their cars. Although the results from these handheld devices are not admissible in Ohio courts, they can lead to an OVI arrest.
The second method takes place at a police station or state trooper barracks using a stationary machine. The results from these machines can be used as evidence in court. During this type of test, drivers blow into the device with maximum effort. The machine uses infrared waves to analyze the unabsorbed energy, measuring the level of alcohol in the sample. Higher absorption of infrared light indicates a higher Blood Alcohol Content (BAC).
In Ohio, the legal alcohol limit is 0.08 percent. If a driver’s breath test results exceed this limit, they will be arrested for OVI per se, meaning their BAC serves as evidence of drunk driving. If the test results show a BAC of 0.17 percent or higher, the driver will face a more severe “high-test” OVI charge, which carries harsher penalties compared to a lower BAC level.
However, it’s important to note that a positive result from these tests does not guarantee accuracy. Many factors can affect the test results, such as the time elapsed since the person’s last drink, any recent vomiting or burping, and adherence to proper testing procedures. An experienced Steubenville OH OVI lawyer will understand these factors and can potentially challenge the test results in court.
Urine and Blood Tests
When it comes to determining if a driver is under the influence, urine and blood tests are commonly used to detect drug presence, and sometimes, alcohol as well. These tests are typically administered after a driver has refused a breath test. While you do have the option to refuse the urine or blood test, it’s important to note that the officer can obtain a search warrant to compel you to comply.
It’s crucial to follow strict procedures and protocols to ensure accurate and reliable results during the administration of urine and blood tests. Here are key points to consider:
- Collection: A trained witness must be present when collecting your blood or urine sample.
- Timing: The sample must be collected within three hours of the alleged offense.
- Confirmation: Samples that yield positive results must undergo a secondary test for confirmation.
- Analysis: Tests must adhere to Ohio regulations and be conducted by qualified personnel following state law.
Deviation from these guidelines can compromise the integrity of the results. Inaccurate portrayals of intoxication may occur, leading to potential consequences. In such instances, it’s advisable to seek the expertise of a Steubenville OH criminal attorney. They can challenge the admissibility of these results, which may increase your chances of having the charges reduced or dismissed.
Warnings and Advice From Law Enforcement in Regards to Chemical Tests
Law enforcement officers may request drivers suspected of intoxication to undergo chemical testing. During this process, officers are required to inform drivers of their rights verbally and in writing. The written document used for this purpose is Ohio Bureau of Motor Vehicles Form 2255. This form notifies drivers that they are under arrest and must submit to one or more chemical tests within two hours. Failure to comply will result in an immediate suspension of the driver’s license. Additionally, the form informs drivers that they have the right to request their own independent test, with personal responsibility for associated costs.
To ensure compliance, the arresting officer must read Form 2255 to the driver, with another officer acting as a witness to certify this procedure. The form is then handed to the driver, serving as evidence that they are aware of their rights and that law enforcement followed necessary protocols.
Can I Refuse to Submit to a Test?
If you think the police had no valid reason to pull you over or you weren’t intoxicated, you may consider refusing to submit to a test. However, it’s important to know that refusing can lead to more complications than a positive test result.
But don’t lose hope if you receive a positive result from a blood, breath, or urine test. You can seek professional assistance from Sean Logue, an expert Steubenville OH OVI lawyer.
With his expert knowledge of OVI laws and procedures, he can provide the necessary guidance. Reach out to him today to discuss your case.
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