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),
(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: