Understanding Blood Test Outcomes in Youngstown OVI Cases

When you are stopped for operating a vehicle impaired (OVI), often called a DUI, and a breathalyzer is part of the process, you will likely face a request for blood sample collection. These samples, usually asked for by a law enforcement officer, are known as “legal blood.” If you choose not to submit to a requested blood test after hearing Ohio’s implied consent warning, you could face accusations of refusing chemical testing. This decision carries significant weight for both your administrative and criminal legal proceedings.

In addition to this, officers might ask for your medical records to verify your blood alcohol concentration (BAC) as recorded by hospital staff, a type of evidence often referred to as “medical blood.”

In the state of Ohio, there are three primary ways for prosecutors or law enforcement to access hospital blood test data or records: through a direct request from law enforcement, by demanding hospital records, or by executing a search warrant.

If you find yourself arrested for an OVI that involves a blood test in Youngstown, reaching out to a skilled Youngstown criminal lawyer at Youngstown Criminal Law Group is crucial. Our group provides defense for clients facing various driving-related offenses throughout Mahoning County, OH. We offer free consultations to discuss the specific details of your situation.

Post-DUI Arrest and Law Enforcement’s Blood Test Requests

After an arrest on suspicion of OVI, an officer may ask the individual to undergo a blood test, consistent with Ohio’s implied consent regulation. Another route is obtaining direct consent from the person involved. The withdrawal of blood must be performed by a qualified professional, such as a Physician, Registered Nurse, Technician, Chemist, or Phlebotomist, as required by R.C. §4511.19(D)(1)(b).

Blood withdrawals must also adhere to the procedures established by the Department of Health per O.A.C. §3701.53 et seq. To ensure the results are admissible in court, the blood must have been drawn at a location permitted by the Department of Health or validated through expert testimony.

Similarly, for records requested from a hospital under R.C. §2317.02(2)(a), officers may seek access to medical blood test records. These records are considered admissible when the standards and protocols of the Department of Health are followed or, once again, via expert testimony.

An alternative method for obtaining such records is through the use of a search warrant. In Ohio, serving a search warrant to a healthcare provider allows officers to examine the actual blood sample using methods approved by the Health Director. This is where a Youngstown DUI attorney can be vital in examining the validity of the warrant.

Impact of HIPAA on Law Enforcement’s Record Requests

HIPAA, the Health Insurance Portability and Accountability Act of 1996, can impact efforts by Ohio law enforcement officers to obtain hospital records. It is common for healthcare providers to refuse the release of blood test results, citing potential HIPAA violations.

However, Ohio law specifies certain situations where exceptions to HIPAA rules apply:

• In compliance with legal requirements at State, Federal, or Local levels for actions such as inquiries, assessments, inspections, and licensing under R.C. §2317.02;
• For law enforcement purposes, such as instances where one is a crime victim, associated with criminal activity, or has threatened criminal conduct; or
• Upon the issuance of a court order, like in cases where a search warrant has been procured.

Seeking an Expert Defense Lawyer for Blood Test Cases

Facing an OVI charge in Ohio, particularly those involving blood tests for alcohol content determination, necessitates consulting a specialized Youngstown criminal lawyer. It does not matter whether your test was performed for legal purposes by authorities or for medical reasons by hospital staff—a prosecutor can potentially acquire and leverage these results against your case.

Contact the Youngstown DUI attorneys at Youngstown Criminal Law Group in Youngstown at 412.387.6901 for a deeper exploration of potential defenses that may apply to your circumstances. We serve clients throughout Mahoning County and are ready to help you navigate the complexities of your case.