OVI Blood Tests in Carrollton

Arrests for OVI in Carrollton

If you are arrested in Carrollton on suspicion of OVI, the officer handling your case will likely request that you submit to a blood test to determine your Blood Alcohol Concentration (BAC). According to Carrollton OVI lawyer Sean Logue, law enforcement is required to inform you of your implied consent to such tests—something you agreed to when obtaining your driver’s license. If you refuse to comply, you could face charges for refusing chemical testing, which carries both criminal and administrative consequences.

Blood Test Basics

Blood samples collected at an officer’s request are referred to as “legal blood.” On the other hand, blood samples obtained from a hospital for medical purposes are labeled “medical blood.” Many officers will attempt to acquire hospital records containing BAC results to build a case against those accused of OVI.

Under Ohio law, prosecutors and police have three main avenues for obtaining blood test results or hospital records related to an OVI case:

• A search warrant
• A law enforcement request
• A hospital records request

Law Enforcement Blood Test Requests

When arrested on suspicion of OVI, you may be asked to consent to a blood test. While you’re free to refuse, the legal repercussions of such a decision can be severe. If you agree, the blood sample is typically drawn at a hospital by a trained professional such as a phlebotomist, chemist, physician, qualified technician, or registered nurse.

This process adheres to the Ohio Revised Code, Section 4511.19(D)(1)(b), and the Ohio Administrative Code, Section 3701.53, as defined by the Ohio Department of Health. For the results to hold up in court, the lab or hospital conducting the test must hold a special permit. Otherwise, the prosecutor would need an expert witness to authenticate the results.

If blood was drawn for medical purposes, such as after an accident in which the driver was injured and hospitalized, an officer could formally request the hospital’s records. However, even in these cases, the facility must be specially permitted, and the proper protocols must be followed for the results to be admissible in court. Expert testimony could still be required in these situations to validate the evidence.

Alternatively, an officer may seek a search warrant from a judge to secure blood samples or records. This warrant obliges the hospital to release the blood sample, allowing law enforcement to conduct further analysis externally.

HIPAA and Blood Records

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes robust privacy protections, which can make accessing blood test results challenging for officers. However, there are specific exemptions under HIPAA that allow medical information to be shared with law enforcement, including:

• A court order or search warrant.
• Legal investigations, inspections, audits, or licensing processes mandated by state, federal, or local laws.
• Situations involving crime victims, threats to commit a crime, or participation in a crime.

Consequences of Refusing or Failing a Blood Test

Understanding your rights is crucial. While you can legally refuse a blood test after being arrested for an OVI in Carroll County, doing so can result in severe criminal and civil penalties. However, even failing a blood test doesn’t signify the end of the road.

Your Carrollton criminal lawyer has the expertise to build a strong defense tailored to your circumstances. With extensive experience in defending OVI cases, Sean Logue and the team at Youngstown Criminal Law Group are well-versed in finding solutions for their clients. If you need Free Consultation navigating your situation, call (330) 992-3036 today.