OVI Blood Tests in Warren

If you’ve been arrested on suspicion of OVI, expect the arresting officer to ask for a blood test that measures your blood alcohol concentration (BAC). Before that happens, the officer must read you a notice reminding you that you agreed to chemical testing when you signed for your driver’s license. Should you decline to have your blood drawn, you may face a charge for refusing chemical testing. That refusal carries heavy penalties—both criminal and administrative—so it’s worth understanding exactly what you’re dealing with.

Blood Test Facts

When a police officer requests a blood sample, that sample is referred to as “legal blood.” Blood drawn for medical reasons—the kind the officer later pulls from hospital records—is called “medical blood.” In many cases, the arresting officer will try to track down hospital records so the BAC results can be used to build a case against the person accused of OVI. A skilled Warren OVI attorney can help you understand how each type of evidence may be used.

Under Ohio law, prosecutors and police have three ways to obtain blood test results or records from a hospital: a search warrant, a law enforcement request, or a hospital records request.

Law Enforcement Request for Blood Test Records

After arresting you on suspicion of OVI, the officer will ask you to submit to a blood test. You either consent or refuse—though refusing comes with serious downsides—and then the blood is typically drawn at a hospital. The person performing the draw must be a phlebotomist or chemist, a physician, a qualified technician, or a registered nurse. Section 4511.19(D)(1)(b) of the Ohio Revised Code lays out these requirements, and a Warren criminal lawyer can confirm whether they were followed in your case.

The Ohio Department of Health spells out the blood-draw procedures in Section 3701.53 of the Ohio Administrative Code. The lab or hospital handling the draw must hold a special permit; otherwise, the results can’t be admitted in court. The only alternative path to admissibility is if the prosecutor brings in an expert to testify about the findings.

With a law enforcement records request, the officer asks the hospital to hand over the results of blood that was drawn for medical purposes. Picture a car accident where an injured driver is rushed to the hospital and has blood drawn because of those injuries. If the officer suspects alcohol played a role, they can ask the hospital to release that driver’s blood test results. As noted above, those results are only usable in court when the hospital holds a special permit and follows standard protocol—or when an expert testifies alongside them. An experienced Warren OVI attorney will examine whether every one of these conditions was actually met.

When the officer chooses the search warrant route, they request a warrant from a judge and then serve it at the hospital. The warrant compels the medical facility to release the actual blood sample to law enforcement, who then send it elsewhere for analysis.

HIPAA—the American Health Insurance Portability and Accountability Act of 1996—can make it harder for officers to get the records they’re after. Still, there are exceptions to these privacy protections that permit hospitals to share information with law enforcement:

• When ordered by a court, whether through a search warrant or another court order.
• For investigations, inspections, licensure, and audits, when state, federal, or local law calls for it.
• If you have threatened to commit a crime, are the victim of a crime, or have been involved in a crime.

A knowledgeable Warren criminal lawyer can challenge whether the hospital had any legitimate basis to release your records in the first place.

Refusing or Failing a Blood Test

Keep in mind that you have the right to refuse a blood test following an OVI arrest—but doing so triggers serious legal and civil consequences. And remember, failing a blood test doesn’t have to spell disaster. Your Warren OVI attorney understands OVI law and the strategies that work in your defense. Sean Logue of the Youngstown Criminal Law Group has handled hundreds of these cases and knows how to fight for the outcome that fits your specific situation. Contact us at (330) 791-8104.