Blood Test Results in an Ohio OVI Case
If you were arrested for an OVI (DUI) involving a breath test most of these blood samples are taken at the request of a law enforcement officer (often called the "legal blood"). The refusal to submit to a legally requested blood test after a reading of Ohio's implied consent warning can result in an allegation that you refused chemical testing which comes with consequences in the administrative and criminal case.
Additionally, the law enforcement officer can attempt to obtain medical records to show the BAC level as measured by health care professionals at the hospital (often called the "medical blood").
Under Ohio law, the prosecutor or a law enforcement officer has three ways to get records or blood test results from a hospital. Those ways include a law enforcement request, a hospital record request, or a search warrant.
If you were arrested for a OVI or DUI cases with a blood test reading in Cincinnati, Ohio, then contact an experienced OVI defense attorney at Joslyn Law Firm. We represent clients throughout Hamilton County, OH, on a wide variety of criminal driving offenses. Call (513) 399-6289 for a free consultation to discuss your case.
Post OVI Arrest Law Enforcement Request
After an arrest for OVI, a law enforcement officer can make a request that the subject submit to a blood test under Ohio's implied consent law. Alternatively, the suspect can consent. Finally, the blood can be withdrawn by a Physician, Registered Nurse, Qualified Technician, Chemist or Phlebotomist as required under R.C.§4511.19(D)(1)(b).
For a blood test, the blood must be withdrawn in the manner proscribed by the Department of Health under O.A.C. §3701.53 et seq. Under this statutory scheme, the results are only admissible if the hospital or lab is a Department of Health Permitted Facility, or with the use of expert testimony.
For a hospital records request, under R.C. §2317.02(2)(a), a law enforcement officer may request the record of the suspect's blood results that was withdrawn for medical purposes. Under this statutory scheme, the results are admissible if: The hospital is a Department of Health Permitted Facility and withdrew the blood in accordance with Department of Health standards and protocol; or with the use of expert testimony.
The third way to obtain hospital records of a blood test is through a search warrant. Law enforcement officers in Ohio may serve a search warrant on the health care provider for the actual blood sample taken by the health care provider and have that actual blood sample analyzed by methods approved by the Director of Health.
The HIPPA (American Health Insurance Portability and Accountability Act of 1996) impacts a request by law enforcement officers in Ohio when attempting to obtain hospital records. In many cases, the health care provider or hospital will giving the results of an individual's blood tests claiming that it is a violation of HIPPA.
Under Ohio law, there are several exceptions to HIPPA that might apply:
- As required by State, Federal, or Local Law for investigations, audits, inspections, and licensure under R.C. §2317.02;
- For law enforcement purposes if you are a victim of a crime, involved in a crime, or you have threatened to commit a crime; or
- When ordered to do so by a court, such as after a search warrant or other court order is obtained.
Finding an OVI Defense Attorney for the Blood Test Case
If you were arrested for an OVI in Ohio that involves a blood test to determine the alcoholic content of your blood, then call a criminal defense attorney at Joslyn Law Firm. Whether your blood test was requested by law enforcement for legal purposes or by health care professionals for medical purposes, a prosecutor might obtain those results and use them to prosecute your OVI case.
Call the Cincinnati OVI defense attorneys at (513) 399-6289 to discuss important defenses that might apply to your case.
This article was last updated on Friday, November 20, 2015.