Understanding OVI Blood Tests in Youngstown, Ohio

If you are pulled over or arrested under the suspicion of OVI in Mahoning County, the law enforcement officer involved will likely request that you submit to a blood test. The purpose of this is to scientifically measure your Blood Alcohol Concentration (BAC). In the state of Ohio, officers are required to read a form explaining that you have already “implied your consent” to this testing simply by obtaining your driver’s license. If you decide to refuse the blood draw, you can face additional charges for refusal to submit to chemical testing. It is important to understand that refusing this test carries significant administrative and criminal penalties.

Facts About Blood Tests

It is helpful to distinguish between the two types of samples that may be used. Blood samples taken specifically at the request of police are referred to as “legal blood.” Conversely, samples taken by hospital staff for health treatment are known as “medical blood.” Frequently, the arresting officer will attempt to acquire medical blood records from a hospital to utilize the BAC data as evidence against a defendant.

In Ohio, the law provides police and prosecutors with three primary methods for obtaining these records or results: a search warrant, a direct request from law enforcement, or a request for hospital records. Because these rules can be complex, consulting an experienced Youngstown DUI attorney can help ensure your rights are protected if you face charges involving blood test evidence.

Law Enforcement Requests for Blood Test Records

When an officer arrests you for an OVI, they will ask you to consent to a blood test. If you agree (or even if you refuse, given the harsh consequences), the blood is typically drawn at a medical facility. The Ohio Revised Code Section 4511.19(D)(1)(b) mandates that only specific professionals may draw this blood, including a registered nurse, a qualified technician, a physician, or a chemist/phlebotomist. If you are facing this situation, a Youngstown criminal lawyer can review your case to ensure the individual who administered the test was legally qualified to do so.

Furthermore, the Ohio Department of Health outlines strict protocols for drawing blood in Section 3701.53 of the Ohio Administrative Code. The laboratory or hospital involved must possess a special permit; otherwise, the results are generally not admissible in court. The only exception to this admissibility rule is if the prosecution introduces expert testimony to validate the results.

Requesting Hospital Records

In this scenario, a police officer makes a formal request for the hospital to release the results of blood that was originally drawn for medical purposes. A common example involves a car accident where a driver is injured and transported to a hospital. If staff draw blood to treat the injuries, and the officer suspects alcohol impairment, they can ask the hospital to hand over those specific test results. Similar to the previous method, a Youngstown DUI attorney will look for procedural errors, as these results are only valid in court if the facility has the proper permits and followed standard protocol, or if expert testimony is provided.

Search Warrant Option

When utilizing the search warrant method, the officer must first appeal to a judge. If the warrant is granted, it is served to the hospital. This warrant legally compels the medical facility to release the physical blood sample itself to law enforcement. The police then take the sample to a different location to have it analyzed for alcohol content. This is a distinct legal process that a Youngstown criminal lawyer can scrutinize for validity.

HIPAA and Privacy Laws

The American Health Insurance Portability and Accountability Act of 1996 (HIPAA) creates privacy shields that can make it difficult for police to simply take records they request. However, there are specific exceptions to these privacy rules that permit hospitals to release sensitive patient information to law enforcement without violating federal law. These exceptions include:

• Court Orders: When release is ordered by a court of law, often via a search warrant or other judicial mandate.
• Mandatory Reporting: For purposes of inspections, audits, licensure, or investigations, provided that local, state, or federal law necessitates it. A Youngstown DUI attorney can determine if these exceptions were applied correctly in your case.
• Criminal Involvement: If you are a victim of a crime, have threatened to commit a crime, or are otherwise involved in criminal activity.

Refusing or Failing a Blood Test

It is vital to remember that you have the right to refuse a blood test following an OVI arrest, though you must weigh this against the severe civil and legal penalties that follow refusal. Furthermore, a failed test does not automatically guarantee a conviction. The team at Youngstown Criminal Law Group is highly experienced in OVI defense and the nuances of Ohio law. A qualified Youngstown criminal lawyer knows how to investigate the evidence and fight for the best possible outcome for your specific situation. Call 412.387.6901 for assistance.