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OVI Blood Tests in Warren, Trumbull County, Ohio
Getting arrested for suspicion of OVI (Operating a Vehicle Impaired) in Warren, Trumbull County, Ohio is a serious matter. If you find yourself in this situation, Warren criminal lawyer Sean Logue explains that the arresting officer will likely ask you to take a blood test to measure your blood alcohol concentration (BAC). The officer must read you a document reminding you that you implied consent to such tests when you signed for your driver’s license. Refusing the blood test can lead to charges of refusal to submit to chemical testing, which carries severe criminal and administrative consequences.
Blood Tests Facts
When a police officer requests a blood sample, it’s known as “legal blood.” On the other hand, blood records obtained from a hospital are referred to as “medical blood.” Often, the arresting officer will attempt to get hospital records to use the BAC findings in their case against someone accused of OVI.
Ohio law provides prosecutors and police with three methods to obtain blood test results or hospital records:
- Search warrant
- Law enforcement request
- Hospital records request
Law Enforcement Request for Blood Test Records
Upon arresting you for suspected OVI, an officer will request you to consent to a blood test. You can either agree or refuse, though refusing has significant negative consequences. If you agree, the blood is usually drawn at a hospital by a phlebotomist, chemist, physician, qualified technician, or registered nurse. This procedure is outlined in the Ohio Revised Code, Section 4511.19(D)(1)(b).
The Ohio Department of Health details the procedures for drawing blood in the Ohio Administrative Code, Section 3701.53. The lab or hospital that draws the blood must have special permission; otherwise, the results are inadmissible in court unless the prosecutor employs expert testimony.
When making a law enforcement records request, an officer asks the hospital to release the blood test results drawn for medical reasons. For example, if an accident occurred and a driver was injured and taken to the hospital where blood was drawn due to injuries, a police officer suspecting alcohol involvement can request the hospital release the driver’s blood test results. These results are admissible in court only if the hospital is a specially permitted facility that followed standard protocol, or if accompanied by expert testimony.
Search Warrant for Blood Test Records
When using the search warrant option, an officer requests a judge issue a warrant, which is then served to the hospital. The hospital is compelled by the warrant to release the blood sample to law enforcement for analysis elsewhere.
HIPAA and Blood Test Records
HIPAA (Health Insurance Portability and Accountability Act of 1996) laws can complicate police officers’ efforts to obtain medical records. However, exceptions allow hospitals to release information to law enforcement under certain conditions:
- When ordered by a court via a search warrant or another court order
- For investigations, inspections, licensure, and audits required by state, federal, or local law
- If you have threatened to commit a crime, are a crime victim, or have been involved in a crime
Refusing or Failing a Blood Test
You have the right to refuse a blood test after an OVI arrest, but this decision has serious legal and civil consequences. Failing a blood test doesn’t have to be catastrophic. Warren OVI lawyer Sean Logue is well-versed in OVI law and defense strategies. He has defended hundreds of cases and knows how to fight for your specific situation. Contact us or Call us at (330) 992-3036 for assistance.