Category: Blood & Urine Tests

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Ohio OVI: What Are The Legal Limits?

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In Ohio, an OVI refers to the charge of operating a vehicle while impaired by drugs or alcohol.  If your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are considered to be “operating a vehicle impaired.” The .08 figure refers to the concentration of alcohol in your breath or in your blood.  There are also “legal limits” for the concentration of alcohol in a person’s blood serum or plasma and urine. For a urine sample, you will be over the “legal limit” if the alcohol concentration in your urine sample is .11 or greater.

Ohio OVIWhile Ohio still considers this a valid way to determine alcohol content, many states have done away with urine testing because handling and testing procedures have produced errors. If a blood serum or plasma sample is taken, the legal limit is .096. A test of blood, whether whole blood, serum or plasma, is the most accurate, but such tests must be completed according to Department of Health rules to be admissible in a court proceeding. Also, improper blood testing procedures still may yield inaccurate results.

There are also enhanced minimum penalties for “high tier” or “Super OVI” results. The high tier test results are .17 for breath and blood, .204 for blood serum or plasma, and .238 for urine. The enhanced penalties for “high tier” offenders double the minimum jail time requirement.

If you find yourself facing an Ohio OVI you need to speak to an attorney right away! Call DaytonDUI at (937) 318-1384.
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DUI Attorney Strategies – Know The Science!

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Here is a tool that every DUI attorney should have in their arsenal.  It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts that a jury should know:

  1. The time that elapses between the driving of the car and the time of the chemical test can produce significantly different blood alcohol concentrations.
  2. The time that passes from the end of the alcohol intake until the peak alcohol concentration varies from 14 to 138 minutes in one study, to 12 to 166 minutes in another study.
  3. It is impossible to convert the alcohol concentration of breath or urine to the simultaneous blood alcohol concentration with forensically acceptable certainty.
  4. It is not possible to establish whether the person being tested is in the absorption or elimination phase from the results of two consecutive blood or breath alcohol measurements, as is the protocol in Ohio.
  5. Retrograde extrapolation (forensic backward extrapolation of blood or breath concentration) is not ordinarily forensically possible.
  6. Extrapolation of a later alcohol result which is used to tie the alcohol to the time of operation is always of uncertain validity and is, therefore, forensically unacceptable.

If you are able to present these facts to a jury, the chances of winning go up exponentially.  Every Ohio DUI attorney should have this study at the ready to help during motions and trials.

Charles M. Rowland II, Dayton DUI attorney, has been defending the accused drunk driver for over twenty years!. 

Alcohol Flush Reaction: An Allergy to Alcohol

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Have you ever heard anyone say that they are “allergic” to alcohol?  Well, if the person is of Asian descent, they may have a common reaction to alcohol know as Alcohol Flush Reaction.

Salcohol flushtudies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red.

The reaction is a condition in which an individual develops flushes or blotches associated with erythema on the face, neck, shoulders, and, in some cases, the entire body after consuming alcoholic beverages. The reaction is the result of an accumulation of acetaldehyde, a metabolic byproduct of the catabolic metabolism of alcohol, and is caused by an aldehyde dehydrogenase deficiency.  This syndrome has been associated with an increased risk of esophageal cancer in those who drink. It has also been associated with lower than average rates of alcoholism, possibly due to its association with adverse effects after drinking alcohol.  Wikipedia, at  http://en.wikipedia.org/wiki/Alcohol_flush_reaction

Since the mutation is a genetic issue, there is no cure for the flush reaction. Prevention would include not drinking alcohol.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on Alcohol Flush Reaction, check these city-specific sites at the following links:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek,Centerville

 

 

Keywords: Alcohol Flush Reaction, Asian Flush

 

 

 

OVI Law: Elimination of Alcohol By Oxidation

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ovi lawOVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process.

Alcohol exits the human body by being oxidized by a number of very important enzymes.  Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase).  Over 90% of the ingested alcohol is oxidized in the liver.  The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: The Alcohols, Basics and Clinical Pharmacology, B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 382 (hereafter “Katzung”).

We know that the elimination rate varies from person to person but a general rules is that most people will have a rate between .015% and .20% with an overall average of .018% per hour [Winek CL, Esposito FM. Blood alcohol concentrations: factors affecting predictions. Leg Med 1985; 34-61].   Factors which will affect elimination include age, gender, food ingestion, past use and other pathological factors.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the OVI law experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at(937) 776-2671. You can have Dayton DUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on OVI law, check these OVI law city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg,Huber Heights, Springboro, Oakwood, Beavercreek, Centerville

Urine Testing: No Privacy For You!

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urine testingThe rules for urine testing in Ohio are set forth at Ohio Administrative Code 3701-53-05 & 3701-53-06.  At O.A.C. 3701-53-05, it is clearly stated that a urine test must be witnessed.  It states at subsection (D),

(D) The collection of a urine specimen must be witnessed to assure that the sample can be authenticated. Urine shall be deposited into a clean glass or plastic screw top container which shall be capped, or collected according to the laboratory protocol as written in the laboratory procedure manual.

In urine testing cases, the state has the burden to prove substantial compliance with the regulations upon a defendant’s motion to suppress results of urine-alcohol tests.  State v. Mayl, 106 Ohio St.3d 207, 2005-Ohio-4629, 833 N.E.2d 1216, paragraph one of the syllabus.  “The defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress;  failure to file such a motion ‘waives the requirement on the state to lay a foundation for the admissibility of the test results.’  State v. French (1995), 72 Ohio St.3d 446, 451, 650 N.E.2d 887.   After a defendant challenges the validity of test results in a pretrial motion, the state has the burden to show that the test was administered in substantial compliance with the regulations prescribed by the Director of Health.   Once the state has satisfied this burden and created a presumption of admissibility, the burden then shifts to the defendant to rebut that presumption by demonstrating that he was prejudiced by anything less than strict compliance.  * * * Hence, evidence of prejudice is relevant only after the state demonstrates substantial compliance with the applicable regulation.”  (Emphasis added.)  Burnside, 100 Ohio St.3d 152, 2003-Ohio-5372, 797 N.E.2d 71, ¶ 24.

While Crim.R. 47 requires a defendant to state his grounds for a motion to suppress “with particularity,” the state waives this issue if it is not raised in opposition to a defendant’s motion to suppress.  State v. Mayl, 154 Ohio App.3d 717, 2003-Ohio-5097, 798 N.E.2d 1101, ¶ 22.

So the moral of the story is one that has been repeated on this page many times.  Communicate, communicate, communicate! Spend time telling your attorney about all aspects of a urine testing case, because what may seem like an insignificant or embarrassing detail, may help you win your case.  It is also important that you trust your case with an attorney who has the experience necessary to help you win your case.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on urine testing cases check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville