More on Blood, Breath, and Urine Tests

When a driver is stopped for a suspected OVI (Operating a Vehicle Impaired), they are often required to undergo certain tests to determine their level of intoxication. In addition to Field Sobriety Tests, which are discussed elsewhere on this site, several chemical tests are also used for this purpose. These include blood tests, breath tests, and urine tests.

Breath Tests

Handheld Devices

Police can test a driver’s breath in two ways. One method involves using a handheld device, commonly known as a Breathalyzer, which the officer carries in their car. While the results from these handheld devices are inadmissible in court in Ohio, they can still result in the driver being arrested for OVI.

Stationary Machines

The second method involves using a stationary machine at a police station or state trooper barracks. The results from these machines are admissible in court. When undergoing this test, drivers are asked to blow into the device as long and hard as they can. The machine uses infrared waves to measure the amount of alcohol in the breath sample. The more infrared light absorbed by the sample, the higher the driver’s Blood Alcohol Content (BAC).

Legal Limits

Ohio’s legal alcohol limit is 0.08 percent. If a breath test reveals a BAC at or above this level, the driver will be arrested for OVI per se, implying their BAC is evidence of drunk driving. If the BAC is 0.17 percent or higher, the driver faces a more severe “high test” OVI charge with harsher penalties.

Factors Affecting Accuracy

Positive results don’t always indicate accuracy. Various factors, such as the timing between the last drink and the test, vomiting, or burping before the test, can affect results. Proper procedures must be followed to ensure accuracy. An experienced Warren OVI lawyer can identify any procedural errors and contest the results in court.

Urine and Blood Tests

Urine and blood tests are generally used to detect drug influence but can also identify alcohol. These tests are often administered when a driver refuses a breath test. While refusal is an option, officers can obtain a search warrant to compel the test.

Procedures and Protocols

Certain procedures and protocols must be followed to ensure the accuracy of urine and blood tests:

• Witness Collection: Samples must be collected in the presence of a witness.
• Timely Procurement: Samples should be obtained within three hours of the alleged OVI.
• Confirmation Testing: Positive results must be re-tested for confirmation.
• Qualified Analysis: Analysis must comply with Ohio Revised Code and be conducted by qualified personnel.

If any protocol is not followed, results may be inaccurate, potentially showing intoxication when there was none. Your Warren criminal attorney may be able to have such results dismissed, improving your chances of getting the charges reduced or dropped.

Warnings and Advice from Law Enforcement Regarding Chemical Tests

Police request drivers to submit to chemical tests when they suspect impairment. Officers must inform drivers of their rights both verbally and in writing, using the Ohio Bureau of Motor Vehicles Form 2255. This form informs drivers of their arrest and the requirement to submit to one or more tests within two hours. Refusal to comply results in immediate license suspension. Drivers are also entitled to request an independent test, which they must pay for.

An officer, witnessed by another cop, certifies that Form 2255 was read to the driver and then hands the form to them, proving the driver was informed of their rights.

Can I Refuse to Submit to a Test?

You might feel the police had no reason to stop you and that you aren’t intoxicated. However, it’s generally advisable to submit to the tests. Refusal can cause more complications than a positive result.

If you have a positive result from a blood, breath, or urine test, don’t lose hope.

Warren criminal lawyer Sean Logue is well-versed in OVI laws and procedures. Contact us today or call us at (330) 992-3036 for help!