DUI/OVI blood/breath/urine tests

October 30, 2016

Can We Trust Crime Lab Results In Ohio DUI/OVI Cases?

Today’s report regarding the conduct of a forensic scientist employed by the state of Ohio demonstrates the danger of the government enforcing laws without effective checks and balances. Forensic scientist G. Michele Yezzo worked for over 30 years as a laboratory technician for the Ohio Bureau of Criminal Investigation (BCI). During that time, she analyzed evidence in criminal cases and testified in court regarding those analyses. The feature story in The Columbus Dispatch says she now, “stands accused of slanting evidence to help cops and prosecutors build their cases.”

June 30, 2016

U.S. Supreme Court Decides Constitutionality Of Warrantless Blood Tests And Breath Tests In DUI Cases

by Shawn Dominy

Last week, the United States Supreme Court released a decision in a trio of cases involving DUI refusal laws. A previous article in this blog gives a preview of the cases. To decide the outcomes of those cases, the court analyzes whether search warrants are required before law enforcement officers can administer breath tests and blood tests. Based on that analysis, the Court decides whether states can make it illegal to refuse chemical tests in DUI cases. The Court’s decision will impact Ohio DUI/OVI cases.

April 23, 2016

Ohio DUI/OVI Refusal Law May Be Affected By Cases In U.S. Supreme Court

by Shawn Dominy

Suppose a police officer comes to your home tonight without a warrant and wants you to consent to a search of your residence. If you are like most people, you would say ‘no’: you would assert your Fourth Amendment right to be free from unreasonable searches and seizures. Now suppose the government makes it a crime for you to refuse to consent to the search. That’s what Ohio and several other states have done with DUI laws which criminalize refusing a breath/blood/urine test. Those laws are the subject of cases currently before the United States Supreme Court.

March 26, 2016

Person Medically Incapable Of Urinating Is Not ‘Refusing’ The Test

by Shawn Dominy

A judge in Columbus, Ohio found a man to be in violation of probation because the man was unable to urinate upon request. The judge was aware the defendant, Mr. Hand, had medical problems which caused urinary difficulties and was taking medication designed to increase his urination. Nevertheless, the judge concluded Mr. Hand’s inability to urinate constituted a “refusal” to submit to a urine test. Individuals placed on probation for DUI/OVI in Ohio do not have this kind of experience, ordinarily. But this was no ordinary case.

February 20, 2016

Refrigerating Blood And Urine Samples In Ohio DUI/OVI Cases

by Shawn Dominy

When a person is arrested for DUI/OVI in Ohio, the arresting officer typically asks the person to submit to a breath, blood or urine test. For a test result to be admissible in court, the test must be administered in compliance with regulations issued by the Ohio Department of Health. One regulation requires refrigeration of blood and urine samples, and that regulation was the subject of a recent case decided by the Ohio Supreme Court.

January 30, 2016

The Speedy Trial Clock In Ohio DUI/OVI Cases With Blood Or Urine Tests

by Shawn Dominy

Four months after Brittany was arrested and charged with OVI, the government charged her with a second count of OVI. In November, Brittany was arrested for OVI. On the day of her arrest, she submitted a urine sample, and she was charged with OVI. Three weeks later, the urine sample was analyzed, and the result was provided to the police department. In March, four months after the arrest, the police department charged Brittany with a second count of OVI based on the result of the urine test. Isn’t that a violation of her right to a speedy trial?

October 31, 2015

Marijuana Metabolism And Ohio’s DUI/OVI Laws

by Shawn Dominy

Next week, Ohioans will vote on Issue 3: a state constitutional amendment to legalize marijuana for medicinal and personal use*. If marijuana use is legalized in Ohio, more drivers will face charges of operating a vehicle under the influence of marijuana. Ohio’s OVI-marijuana laws raise many questions: How long does a marijuana high last? Does marijuana impair driving ability? Do blood and urine test results correlate with impaired driving ability? Are Ohio’s OVI-marijuana laws Constitutional? This article addresses the first question by discussing the duration of marijuana effects.

August 8, 2015

Drink Driving In Scotland Compared To DUI / OVI In Ohio

by Shawn Dominy

My rental car, brilliantly parked outside our B&B in Portree on the Scottish Isle Of Skye.

I thought they were all drunk: they were driving on the wrong side of the road. But they weren’t drunk, they were just driving in Scotland. And so was I. I drove on the left, sat on the right, and shifted with my left on the endless roundabouts and turns. I navigated all the sheep, stone walls, and cliffs as I drove from the English countryside to the Scottish highlands, so I consider my recent holiday a driving success. The trip prompted me to compare the drunk driving laws of Ohio to the ‘drink driving’ laws of Scotland.

April 10, 2015

Blood Tests Thrown Out In Ohio DUI/OVI Cases When Law Enforcement Fails To Follow Rules

by Shawn Dominy

Sometimes rules are not made to be broken. When it comes to cases of alleged driving under the influence, there are rules for drivers, and there are rules for the government. When a driver breaks the rules, there are consequences. There are also consequences when the government breaks the rules. When the broken rules relate to blood tests, the blood tests cannot be used as evidence.

February 28, 2015

Motorcyclist With No Alcohol In His Blood Waits Five Months Before DUI Charge Is Dismissed

by Shawn Dominy

In September of 2014, CW was driving his motorcycle in northwestern New York and collided with another motorcycle. A police officer responded to the accident scene and reportedly noticed the odor of alcohol on CW. The officer asked CW to take a breath test, and CW refused. The officer ultimately obtained a blood sample from CW and charged him with DWI (known as OVI in Ohio). The officer then sent the blood sample to be tested. The test revealed a blood alcohol content of 0.00. Last week, five months after CW was charged with DWI, the case was finally dismissed, as reported by the Genesee Sun.