A DUI conviction can have severe consequences for your future. A DUI blood test is used to measure your blood alcohol content (BAC). However, there could be problems with your DUI blood test that could help your case.
Our Dayton DUI lawyers have over 100 years of combined legal experience. Our legal team at Suhre & Associates, LLC works to get your DUI charges dismissed. We handle hundreds of criminal cases each year, which results in extensive knowledge of Ohio criminal laws.
How Our Dayton Criminal Defense Lawyers Help You After a DUI or OVI Arrest
Law enforcement officers may demand blood draws to prove you were driving under the influence of alcohol or drugs. The prosecutor uses blood test results as evidence of driving impairment. However, you can fight the results of a DUI blood test with the help of a Dayton DUI attorney.
When you hire Suhre & Associates, LLC, you can expect us to:
- Investigate the circumstances of the traffic stop and DUI arrest to determine if law enforcement officers violated your civil rights
- Raise challenges to the results of blood alcohol testing
- Explore the defenses to the criminal charges under Ohio DUI law
- Work to prevent driver’s license suspension, jail time, fines, and other DUI penalties
- Explain your legal options and discuss the pros and cons of a DUI plea agreement versus going to court
- Negotiate the best terms of a plea deal if a dismissal or acquittal does not appear possible
A DUI arrest is not a conviction. However, if you do not take the charges seriously, you could find yourself with substantial fines and a lengthy jail sentence. Hiring a Dayton DUI lawyer is the best way to fight drunk driving charges.
Call our law office now to schedule a free case review with one of our lawyers in Dayton, Ohio.
Ohio’s Implied Consent Law for DUI Blood Tests
Under Ohio Revised Code §4511.191, drivers are deemed to have given their consent to a chemical test if they are arrested for DUI/OVI or alcohol or drugs. BAC chemical tests might include testing the person’s blood, breath, urine, blood serum, or plasma.
A breath test is a common method police officers use to determine if a person’s BAC is over the legal limit. However, a blood test generally provides more accurate results. Therefore, a police officer might request a blood draw to confirm BAC levels.
According to the code section, the police officer should advise the person at the time of the DUI arrest that if they refuse to take a chemical test, the officer may employ reasonable means to ensure the person submits to a chemical test. The officer is immune from civil and criminal liability for assault and battery for reasonable actions to obtain a sample for a chemical test.
Fighting the Results of a Dayton DUI Blood Test
Many people believe they cannot fight a blood test. However, blood tests are not always accurate. There are several challenges that a Dayton DUI defense lawyer may use to question the blood tests in a drunk driving case. DUI defenses for blood tests include:
- Violation of requirements of Ohio Revised Statute §4511.191 or Ohio Administrative Code §3701-53 for alcohol testing
- The sample for chemical testing was taken in violation of the person’s constitutional rights
- The blood sample was taken after the three-hour time limit
- The method used to analyze the person’s blood sample was not an approved method (i.e., gas chromatography or enzyme assays)
- The sample was contaminated during collection, storage, or testing
- The person used alcohol as a skin antiseptic to collect the blood sample
- Mistakes and errors made during storage and testing
- The devices and machines used to test the sample were not calibrated or maintained correctly
- The person analyzing the blood did not have the proper credentials
There are many ways to challenge the evidence of a blood alcohol test based on the requirements for collecting, storing, and testing samples. If law enforcement officers violate any of the policies or procedures, the judge could throw out the results of the BAC test.
Furthermore, an attorney may fight DUI charges on other grounds. For example, if the police officer lacked probable cause for a traffic stop or DUI arrest, the blood test evidence could be inadmissible. Without the evidence, the prosecution might not be able to prove you were driving under the influence.
Schedule a Free Consultation With Our Dayton DUI Lawyers
Being arrested for driving under the influence can be frightening. You have the right to legal counsel to provide advice and guidance as you navigate the judicial process. An attorney understands OHIO DUI law and how to use DUI laws to fight blood test results.
Call Suhre & Associates, LLC to schedule a free consultation to discuss the DUI charges against you with a Dayton DUI attorney.