Tag Archives: department of health

Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Self made photo, taken August 05.

Help your attorney defend your case by creating a credible time-line of events.

R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio‘s previous law which gave the State only two hours in which to obtain a sample.  The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and [Read the full post. . .]

Ohio Breath Test Law; the 3-hour Rule

Substantial Compliance Requires Collection Within Three Hours.

R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio‘s previous law which gave the State only two hours in which to obtain a sample.

The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas [Read the full post. . .]

Ohio OVI Law: State v. Lentz (Breath Test Regulations)

State v. Lentz, 2010-Ohio-762, 09 CAC 07 0065 (OHCA5)

Here, in a case arising out the Delaware Municipal Court, defendant Lentz challenged the three-year record keeping requirement.  The court states as follows,

Because of the very general nature of appellant’s motion to suppress, specific evidence in response is not necessary, and general testimony of compliance is sufficient. See Columbus v. Morrison, Franklin App. No. 08AP-311, 2008-Ohio-5257State v. Cook, Wood App. No. WD-04-029, 2006-Ohio-6062, at ¶ 31-33

[Read the full post. . .]