Category Archives: Blood & Urine Tests

Information and updates on evidential blood and urine testing in Ohio.

Urine Testing: No Privacy For You!

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

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Alcohol And Your Body: A Primer

alcoholAbout 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is dependent on various factors.

  • The higher the percentage in the beverage, the faster the absorption;
  • Are you mixing? Carbonated beverages tend to speed up absorption;
  • Hungry? Food in your stomach slows down the absorption;

When it is absorbed it looks for the water in your [Read the full post. . .]

DUI Law: What Did SCOTUS Say In Missouri v. McNeely

dui lawIf you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender. Below is a quote from the case which provides a reasonable (and short) analysis of the case.  If you want to read [Read the full post. . .]

Methods for Obtaining A Test Under Ohio’s Implied Consent Law

 

implied consent law

 

When you drive on Ohio’s roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio’s Implied Consent Law. It states, in pertinent part,

 

“Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for

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Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

forced blood draw

What is the status of Ohio’s forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).

In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include [Read the full post. . .]