More on Blood, Breath, and Urine Tests

When a driver is stopped on suspicion of OVI in Ohio, they are often asked to undergo a series of tests designed to assess their level of intoxication. These include Field Sobriety Tests, as well as chemical tests like breath, blood, and urine tests. Here’s an overview of these tests, what they involve, and important considerations for anyone facing OVI charges.

Breath Tests

Types of Breath Tests

Law enforcement officers use two main methods to test a driver’s breath:

1. Handheld Devices (Portable Breathalyzer)

  Officers carry handheld devices to conduct breath tests at the scene. While these may indicate whether a driver has consumed alcohol, Ohio law prohibits their results from being used in court. However, these tests can lead to an arrest for OVI if they suggest potential intoxication.

2. Stationary Machines

  Stationary devices, located in police stations or state trooper barracks, are the official tools used to test a driver’s breath. Unlike portable devices, results from these machines can be used in court. Drivers are typically instructed to blow hard and continuously into the machine, which analyzes the sample using infrared technology. The more alcohol present in the breath, the higher the absorption of the infrared light, indicating the driver’s Blood Alcohol Content (BAC).

Understanding the Legal Limits and Offenses

• Legal BAC Limit in Ohio is 0.08%. If a driver’s breath test results meet or exceed this limit, they will be charged with an OVI per se offense, where their BAC alone serves as evidence of impaired driving.
• A BAC level of 0.17% or above leads to a “high test” OVI, a more severe offense that carries harsher penalties under Ohio law.

Factors Affecting Test Accuracy

A positive BAC result doesn’t always guarantee accuracy. Several factors can influence the results, including:

• The time elapsed between the individual’s last drink and the test.
• Actions like vomiting or burping before the test.
• Protocol errors during test administration.

Failing to follow proper procedures can result in inaccurate test results. A Cadiz OVI lawyer can review your case for procedural flaws and possibly challenge the results in court. 

Urine and Blood Tests

Why Are They Used? 

Urine and blood tests are often administered to detect drugs in a driver’s system; however, they can also detect alcohol. These tests are usually conducted when breath tests are refused. While refusal is an option, officers can obtain a warrant to administer the test without voluntary consent.

Procedures and Protocols

Ohio law enforces specific regulations to ensure the validity of urine and blood tests:

• The sample must be collected in the presence of a witness.
• The sample must be collected within three hours of the alleged OVI incident.
• Positive test results must be confirmed by a second, independent test.
• Samples must be analyzed by a qualified technician, following strict Harrison County regulations.

Failure to adhere to these protocols may result in skewed results. If any inconsistencies occur, a Cadiz criminal lawyer can challenge the admissibility of the evidence, potentially leading to reduced or dismissed charges.

Warnings and Advice About Chemical Tests

Officers rely on chemical tests to determine intoxication, but they are required to inform drivers of their rights both verbally and in writing. This is done using Ohio Bureau of Motor Vehicles Form 2255, which specifies:

• Drivers are under arrest and must submit a chemical test within two hours of the incident.
• Refusing the test will result in an automatic license suspension.
• Drivers are allowed to request an independent test at their own expense.

The form must be read aloud by the officer, signed by a witness (usually another officer), and given to the driver. This serves as proof that the driver was informed of their rights. If this protocol is not followed, the evidence may be deemed inadmissible with the help of a Cadiz traffic ticket lawyer.

Can I Refuse to Submit to a Test? 

Although you may feel the stop was unjustified or that you’re not intoxicated, refusing to take a chemical test often causes more complications than agreeing to it. A refusal can lead to an immediate license suspension and weaken your case in court.

If you do test positive, don’t lose hope! A Cadiz criminal lawyer with expertise in OVI laws and procedures can review the specifics of your case and build a defense strategy to help get your charges reduced or dismissed.  

For legal advice or to discuss your case  (330) 992-3036, contact the Youngstown Criminal Law Group today!