Defenses To Blood Tests In DUI Cases Part 2

Here are more defenses to blood tests in DUI cases.  The Defendant’s blood sample container was not sealed in a manner to detect tampering pursuant to O.A.C. 3701-53-05 (E).

The Defendant’s blood sample container did not contain a label which contained the information required in O.A.C. 3701-53-05 (E) (1), (2) and (3). Name of suspect, date and time of collection, name or initials of person collecting sample.

The defendant’s blood sample was not kept refrigerated at all times except for transit or examination pursuant to O.A.C. 3701-53-05 (F).

The laboratory, which performed the tests of the Defendant’s blood, did not maintain a copy of the chain of custody of the results of test for alcohol or drugs of abuse for the three-year period required by O.A.C. 3701-53-06 (A).

The blood sample obtained from the Defendant and analyzed by the laboratory has not been retained in accordance with O.A.C. 3701-53-05 pursuant to O.A.C. 3701-53-06 (A). Chain of custody documents: 3 years. Sample has to be retained for 1 year.

The laboratory analyzing the Defendant’s blood sample did not participate in the national proficiency-testing program using the applicable technique or method for which the laboratory personnel sought a permit under rule O.A.C. 3701-53-09 pursuant to O.A.C. 3701-53-06 (B).

The laboratory performing the test did not maintain at least one copy of the written procedure manual in use for performing tests pursuant to O.A.C. 3701-53-03 in the area where the analytical tests were performed pursuant to O.A.C. 3701-53-06 (C).

The laboratory personnel did not conduct the test in accordance with the laboratory’s written procedure manual pursuant to O.A.C. 3701-53-06 (C).

The designated laboratory director did not review, sign, and date the written procedure manual as certifying the manual in compliance pursuant to O.A.C. 3701-53-06 (D).

The designated laboratory director did not ensure that any changes in a procedure were approved, signed, and dated by the designated laboratory director pursuant to O.A.C. 3701-53-06 (D) (1).

The designated laboratory directory did not ensure that a copy of each procedure is maintained with the date the procedure first used, revised, or discontinued pursuant to O.A.C. 3701-53-06 (D) (2).

The designated laboratory directory did not ensure that a copy of the procedure is retained for the later of three years after the procedure was revised or discontinued or in accordance with a written order by any court to the laboratory to save a specimen that was analyzed under that procedure pursuant to O.A.C. 3701-53-06 (D) (3).

The designated laboratory director did not ensure that the laboratory technicians who analyzed the Defendant’s blood were adequately trained and experienced to conduct testing of bodily fluids for alcohol and drugs nor did the designated laboratory director ensure and document the maintained competency of laboratory technicians pursuant to O.A.C. 3701-53-06 (D) (4).

Need Professional Help With Your DUI arrest in Southwest Ohio or near Cincinnati?

 Then Contact Suhre & Associates for your FREE Consultation using the contact form to the left or call our 24 hour Emergency Number at 513 333 0014.  Your attorney must be familiar with the procedures utilized in administering the chemical test as well as the procedures used to maintain and calibrate the testing equipment. At Suhre & Associates, our attorneys are familiar with the law and procedures used to calibrate the breath testing machines as well as the procedure used in administering chemical tests to a suspect.

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