DUI Blood Testing Cases
When the police are attempting to determine what your blood alcohol content (BAC) is, they may employ a variety of methods. One method involves testing your blood. If you have refused to allow your blood to be tested, or are attempting to fight the blood test results, my firm can help.
With more than 20 years of legal experience, with six of those years spent as a Licking County prosecutor, I can provide you with the insight and guidance you need after a DUI/OVI arrest. I am highly knowledgeable of the laws that apply to field sobriety tests, and tests to obtain an accurate BAC, including blood testing.
Ohio Laws On Blood Testing
Blood testing is part of the process of obtaining evidence against you if you have been arrested for OVI/DUI. There are a number of situations that may arise, and it is important to be informed and know your rights.
- If you have refused the Breathalyzer test, it is possible that your blood may be drawn and tested against your will. Under Ohio law, police and law enforcement officials have this right.
- If you have been arrested for OVI/DUI and have been previously convicted of drunk driving two or more times in the past, law enforcement is authorized to use any “reasonable means” and force necessary to obtain your blood sample. Unfortunately for many people in this situation, “reasonable” is a subjective term, and can result in you having a needle forcefully stuck into your vein without your consent.
Fighting Test Results
No testing process is foolproof. Mistakes are made, results are misinterpreted, samples are switched. If you have had your blood taken and tested, and the prosecution is using it against you, hope is not lost. I pride myself on conducting a detail-oriented analysis of the blood testing process and procedures used by medical personnel and law enforcement, as well as enlisting experts to examine the test results.
By illuminating any errors, mistakes, sample corruption and clear violation of your rights, it may be possible to have the blood test results appear weaker, and potentially have them thrown out. This can result in us having a better chance at having your charges lessened or dismissed.