My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. Currently I manage the DUI office in Dayton, Ohio, where I attended law school. This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.
If you submitted to a blood test at the hospital the police should not have suspended you. They can only suspend you when you refuse or you test over the limit.
Blood test results are generally thought of as the most reliable and best test for alcohol in the system. However, since they are most often submitted to a state approved lab the results take time to get back.
The most common state approved labs for evidence testing for alcohol are the county coroner’s lab. Most county labs like other county officers are currently manned adding to the time until the results are known to the police.
If the police find out later that your test came back with a prohibited test result they can suspend you then. However, they will have to reserve you with an updated copy of the ALS form.
Blood tests are also the best kind of test to examine for defects. These include the way the sample was collected, how the sample site was prepared, when it was collected, and how the sample was preserved as evidence to prevent tampering.
The trade off is that when the test is performed properly by the police and medical personnel, it also becomes the best evidence for the prosecutor in attempting to convict you of a DUI/OVI.