OHIO DUI BLOOD TESTING

In Ohio DUI cases, blood samples must be drawn within three hours of the arrest or they are not admissible in court against a DUI defendant.  Only a registered nurse, a physician, a qualified technician, chemist, or phlebotomist is permitted to draw a blood sample to determine BAC in DUI cases.  Ohio's DUI/OVI statute expressly permits such a qualified person to refuse to withdraw blood if they are under the opinion that the physical welfare of the DUI suspect would be endangered by the withdraw.

The Ohio Director of Health approves the methods under which chemical samples may be anaylzed in Ohio.  Only those possessing a valid permit issed by the Director may anaylze samples.

Blood testing in Ohio is unique in that the Ohio DUI/OVI statute specifies that whole blood, blood serum or plasma may be tested.  Blood testing may determine the blood alcohol content of an individual as well as detect the presence of drugs.

Keep in mind that should you refuse to any chemical test of your breath, blood, or urine, the police may still use reasonable means to get a blood test.  Additionally, a warrant may be obtained to compel you to provide a blood sample.