The 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),
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(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 order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen. Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, [Read the full post. . .]
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. . .]
The EtG test is a biomarker test that detects the presence of ethyl glucuronide in urine samples. Usually, it is used to monitor alcohol consumption in individuals who are legally prohibited from drinking alcohol by the justice system or restricted from drinking by their employers. (Source) The EtG urine alcohol test has come under criticism because it is so sensitive that “it can give positive results for merely coming in contact with common household products that contain alcohol, [Read the full post. . .]
The following article, by Andy Coghlan appeared today’s version of New Scientist. [HERE] It represents possible scientific defenses to blood and urine alcohol tests. Dayton DUI attorney Charles M. Rowland II is committed to learning as much as possible about scientific advances in DUI defense. He is currently the only attorney in the State of Ohio to be certified in Forensic Sobriety Assessment.
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Fail an alcohol test and you could lose your job. But confidence is