OVI Blood Tests in Youngstown

If you are pulled over and arrested for suspicion of an OVI, the arresting police officer will most likely require you to take a blood test. The purpose of this test is to figure out your blood alcohol concentration, commonly known as BAC. During this process, the police officer is required to read a specific document to you. This paper serves as a reminder that by signing for your driver’s license, you already gave implied consent to undergo such chemical tests. Should you choose to deny the officer’s request and refuse to let them draw your blood, you can face an entirely separate charge for refusing to submit to chemical testing. It is important to know that refusing this test carries severe administrative and criminal consequences.

The Facts About Blood Tests

When a police officer specifically requests a blood sample from a suspect, this is legally referred to as “legal blood.” On the other hand, if an officer obtains blood test records directly from a hospital treating the suspect, this is known as “medical blood.” In many instances, the arresting officer will attempt to secure your hospital records to use your BAC levels as evidence against you in a criminal case. If you find yourself in this situation, a knowledgeable Youngstown OVI attorney can help you navigate the complexities of the law. Under Ohio state legislation, police officers and prosecutors are given three distinct avenues to acquire these blood test results or hospital records: a direct law enforcement request, a standard hospital records request, or a formal search warrant.

Law Enforcement Requests for Blood Test Records

When you are arrested on suspicion of an OVI, the officer will formally ask you to submit to a blood draw. You must make the choice to consent or refuse, though, as mentioned earlier, refusing does not yield favorable outcomes. Typically, this blood draw takes place in a medical facility or hospital. According to the Ohio Revised Code Section 4511.19(D)(1)(b), the blood must be drawn by a physician, a registered nurse, a qualified technician, or a chemist or phlebotomist. An experienced Youngstown criminal lawyer will closely examine whether the authorities followed these strict rules. Furthermore, the Ohio Department of Health dictates the exact procedures for drawing blood under the Ohio Administrative Code section 3701.53. The hospital or laboratory performing the draw must hold a special permit; otherwise, the court will not accept the test results as admissible evidence. The only exception to this rule is if the prosecution brings in an expert to provide testimony.

When a police officer issues a law enforcement records request, they are asking the hospital to hand over the results of blood that was originally drawn for medical treatment. For instance, if a driver suffers injuries in a car accident and is taken to the hospital where their blood is drawn for medical reasons, the officer can request those specific records if they suspect alcohol was a contributing factor. A seasoned attorney understands that, just like the previous scenario, these results are only valid in an Ohio court if the medical facility has the proper permit and adhered to standard protocols, or if expert testimony supports the findings. Alternatively, an officer can utilize a search warrant. By asking a judge for a warrant and serving it to the hospital, the officer forces the facility to release the actual physical blood sample. Law enforcement then transports the sample to another location for separate laboratory analysis. A Youngstown criminal lawyer can challenge the validity of this warrant if it was improperly executed.

How HIPAA Impacts Blood Test Requests

The American Health Insurance Portability and Accountability Act of 1996, widely known as HIPAA, establishes strict privacy rules that can make it quite challenging for law enforcement to obtain a suspect’s medical records. However, a dedicated Youngstown OVI attorney will inform you that there are certain exemptions to these federal privacy regulations that permit hospitals to legally share your confidential information with the police. These exceptions include:

• When a court explicitly orders the release of records, either through a search warrant or another official court mandate.
• For the purposes of licensure, audits, inspections, or investigations, whenever local, federal, or Ohio state law mandates the disclosure.
• If you have been involved in a criminal act, are the victim of a crime, or have made threats to commit a crime.

A proficient Youngstown criminal lawyer will scrutinize whether the hospital unlawfully violated your HIPAA rights when turning over your medical files.

Refusing or Failing Your Blood Test

It is vital to remember that you always have the right to refuse a blood test following an OVI arrest, even though this decision comes with heavy civil and legal penalties. At the same time, keep in mind that failing a blood test does not automatically guarantee a conviction. The legal team at the Youngstown Criminal Law Group is deeply familiar with Ohio OVI defense strategies. Attorney Sean Logue has successfully defended hundreds of similar cases and understands exactly how to fight for your rights based on the unique circumstances of your situation. If you are facing charges, do not hesitate to seek help from a trusted Youngstown OVI attorney today. Contact our office immediately by calling (330) 791-8104 for dedicated legal representation.