Understanding Blood, Breath, and Urine Tests

When police pull over a driver they suspect of OVI, they usually ask that person to take certain tests meant to measure how intoxicated he or she might be. Along with the Field Sobriety Tests discussed elsewhere on this site, officers rely on a handful of chemical tests for the same reason. These chemical tests fall into three categories: blood tests, breath tests, and urine tests.

Breath Tests

Police have two ways to check a driver’s breath. The first method uses a handheld unit, often called a Breathalyzer, that the officer carries in the patrol car. In Ohio, the readings from these handheld units can’t be used as evidence in court, but they can still give the officer enough reason to arrest someone for OVI. If you’re unsure how that affects your case, a Warren OVI attorney can explain what those early readings really mean.

The second method involves a stationary machine kept at a police station or a state trooper post. Unlike the handheld device, the results from these machines can be used against you in court. When you’re tested on one, you’ll be asked to blow into it as long and as forcefully as you can. The machine then sends infrared waves through your breath and measures the energy that the alcohol in the sample doesn’t absorb. The more infrared light your breath absorbs, the higher your Blood Alcohol Content (BAC) reads.

Ohio sets its legal alcohol limit at 0.08 percent. If your breath test comes back at that number or above, you’ll be arrested for OVI per se—meaning your BAC alone serves as proof that you were driving drunk. Should your reading hit 0.17 percent or higher, you’ll face a tougher “high test” OVI, which carries steeper penalties than a lower BAC would bring.

Keep in mind that a positive result doesn’t automatically mean the test was correct. Plenty of factors can throw off the numbers, including how much time passed since your last drink, whether you vomited or burped right before blowing, and more. These tests come with strict procedures and protocols that must be followed each time they’re given. When the person running the test skips a step, the results can be wrong. An experienced Warren criminal lawyer knows exactly what to look for and may be able to challenge those results in court.

Urine and Blood Tests

For the most part, officers use urine and blood tests to find out whether a driver is under the influence of drugs, though these tests can detect alcohol too. They typically come into play after a driver has turned down a breath test. Just like a breath test, you’re allowed to refuse—but if you do, the officer can simply obtain a search warrant and require you to submit anyway. Because chemical testing procedures and search warrant requirements can have a significant impact on an OVI case, consulting an experienced Warren OVI attorney can help you understand your rights and identify potential defenses.

A set of procedures and protocols controls how urine and blood tests must be carried out. A few of those rules include the following:

• Your blood or urine sample has to be collected in front of a witness.
• Your blood or urine sample must be taken within three hours of the OVI you’re accused of committing.
• Any sample that produces a positive result has to be tested a second time to confirm what it found.
• The sample must be analyzed according to Ohio regulations and handled by someone qualified and trained under Ohio law.

When any of these steps are skipped, the results of a blood or urine test can be distorted, making a sober driver look intoxicated. A skilled Warren OVI attorney may be able to have those results thrown out, which improves your odds of getting the charges reduced or dropped entirely.

Warnings and Advice From Law Enforcement Regarding Chemical Tests

Officers ask drivers to take chemical tests whenever they believe those drivers are under the influence. At the moment they make that request, the police are required to inform drivers of their rights—both out loud and in writing. The written notice is Ohio Bureau of Motor Vehicles Form 2255. This form tells a driver that he or she is under arrest and has two hours to agree to one or more chemical tests. Refusing to do so counts as a refusal to submit and triggers an immediate suspension of the driver’s license. The form also lets a driver know that he or she may request an independent test, paid for out of his or her own pocket. If any of this feels overwhelming, a trusted Warren criminal lawyer can walk you through what each part of the form actually means.

A witness has to certify on Form 2255 that the arresting officer read it to the driver. That witness is usually a second officer. Once it’s signed, the driver receives a copy of the form. This serves as proof that the driver understood his or her rights and that the police followed the law.

Can I Refuse to Submit to a Test?

You might believe the officers had no good reason to stop you and that you weren’t intoxicated at all. Even so, it’s generally wiser to go ahead and take the tests. Refusing tends to create far more headaches for you than a positive result ever would. A knowledgeable Warren OVI attorney can help you sort through your options if you’re worried about the consequences of either choice.

If you end up with a positive result from a blood, breath, or urine test, don’t lose hope.

The Youngstown Criminal Law Group knows its way around Ohio’s OVI laws and procedures inside and out. Reach out to a dedicated Warren criminal lawyer at (330) 791-8104 today!