The most common ways to determine the sobriety of drivers accused of operating vehicles while intoxicated (OVI) are breath, blood, and urine tests. These tests are often administered by law enforcement and qualified health professionals. The withdrawal and testing of the samples must be in substantial compliance with the administrative rules of the Ohio Department of Health.
In Ohio, simply by operating or being in physical control of a vehicle, you consent to giving a sample of your blood, breath, or urine if you are arrested for DUI / OVI / DWI. Under this law, if you refuse to give a sample, your driver’s license can be immediately suspended for one year. Depending on your prior record for similar offenses, this immediate suspension could be up to five years. In order to fight this suspension, it must be appealed in a timely fashion.
The most common way to test for blood alcohol content is by having the alleged intoxicated individual blow into a breathalyzer. There are different kinds of breathalyzers including portable ones. Most police stations have a room solely used for the purpose of taking breath samples of drivers who are suspected of being intoxicated. These tests are not always accurate. Just as with any other machine, they can malfunction. Contact a DUI defense attorney to look into the results of your breath test.
Since a breath test can only screen for alcohol use, urine tests are often used when someone is suspected of being under the influence of drugs and/or alcohol. There are certain procedures which must be followed in order to have an accurate sample. The Maher Law Firm can help make sure the proper procedures were followed regarding your sample.
Blood tests are one of the most accurate ways to determine the total amount of saturated alcohol in a person’s system. These tests must be administered by a qualified medical technician as specified in the Ohio Revised Code. Although these tests are generally more accurate than a breath test, they still may be inaccurate, and samples can be compromised during handling.
If you are being accused of driving under the influence, you should secure the representation of a trusted lawyer. The Maher Law Firm can help make sure that your rights and freedoms are protected. Any questions or concerns you have will be addressed. Founding attorney, Colin Maher is proud to be a National Highway Traffic Safety Administration (NHTSA) certified practitioner for field sobriety testing, which is the same training that police officers take. This training enables him to evaluate and challenge the evidence collection process.