Following an Ohio DUI arrest, a suspect is usually taken to the police station for chemical testing. In Ohio, a chemical test of your breath, blood (whole blood, blood serum or blood plasma), or urine are permitted, and the law enforcement officer has discretion as to which test he will administer. All chemical tests must be administered within three hours of arrest.
Independent/Additional Testing: You have the right to an independent and/or additional chemical test at your own expense in Ohio. The arresting officer must communicate this right to you and make reasonable efforts to accomadate you once your request for such a test has been made. Furthermore, should you request that the chemical results of the test the police administer to you be given to you or your attorney, the police must produce those results as soon as they are available. Test Refusal: If you refuse to submit to a chemical test, there are additional penalties that will apply. See the Ohio driving tab and the Ohio Penalties section for more information. Additionally, even if you refuse to submit to a chemical test, it is possible for the police to obtain a search warrant and forcibly draw your blood. If you are involved in an accident resulting in death or are otherwise unconscious and unable to refuse a chemical test, Ohio law will automatically deems you to have consented to a chemical test per the state's implied consent laws. If you have any prior DUI offenses within the last 20 years, you may not refuse to submit to the tests.
Time Limitations: If you do submit to a chemical test, under Ohio law, the test MUST be given within 3 hours of your arrest. Only those qualified to administer such tests may do so. Failure to comply and provide a valid test result within 2 hours after a request to do so will be deemed a "refusal." See the driving tab for more information about the penalties of refusing a chemical test.
Ohio statutes specify who is qualified to draw blood, analyze urine samples, and administer breath tests. Experienced defense attorneys will investigate the qualifications of the person who administered your test to determine if proper procedures were followed. The state of Ohio issues permits to such people. Administration of a chemical test by a person unqualified without a permit could result in test result suppression at trial.
Warning:
After an Ohio OVI arrest, a hearing to determine whether your suspension should be upheld or overturned will be held within
5 days
of your arrest.
There are many reasons why your license could be saved, so it makes sense to contact an Ohio DUI lawyer in your county immediately for a free initial consultation and to protect your important rights.
