Defenses To Blood Tests In DUI Cases

Blood tests are most commonly conducted when a person is transported to a Cincinnati area hospital for treatment after an auto accident. At Suhre & Associates, we commonly request our client’s medical records from the hospital to determine if any evidence useful to the preparation of our defense exists.

As an example, the sign and symptoms of a head injury are similar to those the police commonly associate with intoxication. We have successfully defended multiple cases where a Cincinnati client is alleged to have been disoriented and combative, but after thorough preparation and presentation of the defense, the court found that a head injury contributed to the client’s condition, not the presence of alcohol or drugs.

Blood test records are obtained from the prosecutor and reviewed for compliance with the Administrative Code. When results of blood-alcohol tests are challenged, the state must show substantial compliance with RC 4511.19(D)(1) and OAC 3701-53 before the results are admissible.

If the prosecution cannot prove compliance with the code, then the results of the blood test cannot be used as evidence at trial.  Some of the most common reasons blood test results are excluded from evidence are:

The test or tests to determine the Defendant’s alcohol or drug level were not taken voluntarily and were unconstitutionally coerced when obtained due to the threat of loss of license not sanctioned by the requirements of R.C. 4511.191.

The blood sample was not collected in accordance with paragraph (D) of section 4511.19. (3 hour time limit)

The analysis of defendant’s blood was not based on an approved method pursuant to O.A.C. 3701-53-03(A). Approved methods: Gas Chromatography & Enzyme Assays

The method used to analyze the defendant’s blood does not have documented sensitivity, specificity, accuracy, precision, and linearity pursuant to O.A.C. 3701-53-03(A).

The method used to analyze the defendant’s blood is not based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory pursuant to O.A.C. 3701-53-03(A).

The Defendant’s blood was not analyzed by one of the approved methods contained in O.A.C. 3701-53-03 (A1) (A2). Approved methods: Gas Chromatography & Enzyme Assays

The Defendant’s blood sample was not collected using an aqueous solution of a non-volatile antiseptic on the skin pursuant to O.A.C. 3701-53-05 (B).

The Defendant’s blood sample was collected using alcohol as a skin antiseptic, which is prohibited by O.A.C. 3701-53-05 (B).

The blood sample was not analyzed in accordance with paragraph (D) of O.A.C. 3701-53-06 pursuant to O.A.C. 3701-53-05 (E).

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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1 comment… add one

  • Johnhh Jun 28, 2010, 6:49 am

    I am not going to be original this time, so all I am going to say that your blog rocks, sad that I don’t have suck a writing skills

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