More on Blood, Breath, and Urine Tests

When a driver is stopped on suspicion of an OVI (Operating a Vehicle under the Influence) in Carroll County, they are frequently asked to undergo specific tests to evaluate their possible intoxication levels. These tests, in addition to Field Sobriety Tests (discussed elsewhere on this site), include chemical tests that aim to measure alcohol or drug levels in the driver’s system. The primary chemical tests are blood, breath, and urine tests.

Breath Tests

Two Types of Breath Tests

There are two main ways authorities test a driver’s breath for alcohol content:

1. Handheld Breath Devices

Police officers may use portable devices, often called Breathalyzers, during traffic stops. These devices are used at the scene to give officers a preliminary understanding of the driver’s intoxication. However, the results of these handheld devices cannot be used as evidence in an Ohio courtroom, including in Carroll County. Despite this, the devices help officers decide whether to arrest someone for an OVI.

2. Stationary Machines at Police Stations

Breath tests conducted on stationary machines at police stations or state trooper barracks can produce results admissible in court. Drivers are required to blow into the machine, exerting consistent force for as long as possible. The machine works by using infrared waves to assess alcohol levels in the breath. Any absorbed infrared energy indicates the presence of alcohol.

Legal BAC Limits in Ohio

Ohio law sets a Blood Alcohol Content (BAC) threshold of 0.08%. If a driver’s breath test reveals alcohol levels at or above this limit, they can be charged with an OVI per se, which means the BAC alone serves as evidence of intoxicated driving.

If the test results show a BAC of 0.17% or higher, the driver will face a more severe charge, referred to as “high test” OVI. This offense comes with harsher penalties compared to cases with a lower BAC.

Reliability and Challenges

While breath tests aim to accurately measure intoxication, several factors can affect their reliability, including:

• The time elapsed between the last drink and the test.
• Actions like burping or vomiting prior to the test.
• Protocols and procedures not being properly followed during the process.

If mistakes occur during testing or errors exist in procedures, the results may be inaccurate. A skilled Carrollton OVI lawyer with experience in OVI defense will be able to carefully contest the validity of the breath test results in court.

Urine and Blood Tests

Purpose of These Tests

Blood and urine tests are usually employed when an officer suspects drug use, though they can also measure alcohol levels. If a driver refuses to complete a breath test, law enforcement may request blood or urine samples. A search warrant can be secured if the driver declines to comply.

Testing Guidelines

Specific standards and procedures must be followed when blood and urine tests are administered in Ohio. Some key requirements include:

• The sample must be collected in the presence of a witness.
• Testing must occur within three hours of the suspected OVI offense.
• Any sample that produces a positive result must be retested to confirm accuracy.
• Analysis must align with Ohio regulations and be performed by trained personnel as per state law.

Failure to follow these requirements can lead to faulty or inaccurate results, potentially showing intoxication when none existed. An experienced Carrollton criminal lawyer may uncover these discrepancies and use them to challenge test validity, providing a better opportunity to reduce charges or have them dismissed.

Warnings and Legal Advice Regarding Chemical Tests

Law enforcement officers request chemical tests under suspicion of intoxication and are required to inform drivers of their rights. They must verbally and in writing notify drivers about these rights, often using Ohio Bureau of Motor Vehicles Form 2255. This form ensures drivers are notified that:

• They are being arrested and must submit to a chemical test within two hours.
• Refusing the test will result in an immediate suspension of their driver’s license.
• Drivers are entitled to request an independent test at their own expense.

A witness, often another officer, must certify that the driver has been informed of their rights. This process ensures that the proper legal procedure is followed, providing evidence that safeguards the legitimacy of the arrest.

Can I Refuse to Submit to a Test?

Technically, drivers can refuse the test. However, refusal often complicates the situation further, especially in Carroll County. The consequences of a refusal, such as immediate license suspension, tend to cause more issues than simply complying with the test request.

If a chemical test yields a positive result, not all hope is lost. Testing inaccuracies or procedural errors can sometimes work in a defendant’s favor.

Seek Help From a Carrollton OVI Lawyer

Facing an OVI charge can feel overwhelming, but the right legal guidance can make all the difference in protecting your rights. At Youngstown Criminal Law Group, our experienced team, including the knowledgeable Carrollton OVI lawyer Sean Logue, specializes in navigating Ohio’s OVI laws and uncovering any errors or violations in testing procedures.

Contact us at (330) 992-3036 today for experienced legal support tailored to your case!