Dayton DUI Blood Test

Blood tests are most commonly used when a suspect is transported to a Dayton area hospital for treatment after an auto crash. At Suhre & Associates, we commonly request our client’s medical records from the hospital evaluate the possible defenses.

For example, a head injury is easily confused with alcohol intoxication. We have successfully defended a client in the Dayton area where he was alleged to have been disoriented and combative, but after thorough preparation and presentation of the defense, the court found that a head injury and diabetic condition was a reasonable cause of the client’s condition, not drug or alcohol intoxication alone.

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Blood test records are requested from the prosecutor and evaluated for compliance with the Administrative Code. When results of blood-alcohol tests are put into question, the prosecutor must show substantial compliance with RC 4511.19(D)(1) and OAC 3701-53 before the results can be used against you at trial.

If the State cannot prove compliance with the code, then the results of the blood test are subject to exclusion.

Some of the best reasons blood test results can be suppressed from evidence are:

  • The test or tests to determine the Defendant’s alcohol or drug level were taken involuntarily and were unconstitutionally coerced due to the threat of loss of license not sanctioned by the requirements of R.C. 4511.191.
  • The blood sample was collected in violation of paragraph (D) of section 4511.19. (three hour time limit)
  • The analysis of your blood was not based on an approved method pursuant to O.A.C. 3701-53-03(A). Approved methods: Gas Chromatography & Enzyme Assays
  • The method used to check your blood does not have documented sensitivity, specificity, accuracy, precision, and linearity pursuant to O.A.C. 3701-53-03(A).
  • The method used to analyze your blood is not based on protocols which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory pursuant to O.A.C. 3701-53-03(A).
  • Your blood was not analyzed by one of the approved methods contained in O.A.C. 3701-53-03 (A1) (A2). Approved methods: Gas Chromatography & Enzyme Assays
  • Your blood sample was not collected using an aqueous solution of a non-volatile antiseptic on the skin pursuant to O.A.C. 3701-53-05 (B).
  • Your blood sample was collected using alcohol as a skin antiseptic, which is prohibited by O.A.C. 3701-53-05 (B).
  • Your blood sample was not analyzed in accordance with paragraph (D) of O.A.C. 3701-53-06 pursuant to O.A.C. 3701-53-05 (E).
  • Your blood sample container was not sealed in a manner to detect tampering pursuant to O.A.C. 3701-53-05 (E).
  • Your blood sample container did not contain a label which contained the information required in O.A.C. 3701-53-05 (E) (1), (2) and (3). Name of suspect, date and time of collection, name or initials of person collecting sample.
  • Your blood sample was not kept refrigerated at all times except for transit or examination pursuant to O.A.C. 3701-53-05 (F).
  • The laboratory, that performed the tests of your blood, did not keep a copy of the chain of custody of the results of test for alcohol or drugs of abuse for the 3-year period required by O.A.C. 3701-53-06 (A).
  • Your blood sample analyzed by the laboratory was not retained in accordance with O.A.C. 3701-53-05 pursuant to O.A.C. 3701-53-06 (A). Chain of custody documents: 3 years. Sample has to be retained for 1 year.
  • The lab analyzing your blood sample did not participate in the national proficiency-testing program using the applicable technique or method for which the laboratory personnel sought a permit under rule O.A.C. 3701-53-09 pursuant to O.A.C. 3701-53-06 (B).
  • The lab doing the test did not keep at least one copy of the written procedure manual in use for performing tests pursuant to O.A.C. 3701-53-03 in the area where the analytical tests were performed pursuant to O.A.C. 3701-53-06 (C).
  • The lab did not do the test in accordance with the laboratory’s written procedure manual according to O.A.C. 3701-53-06 (C).
  • The designated lab director did not review, sign, and date the written procedure manual as certifying the manual in compliance per O.A.C. 3701-53-06 (D).
  • The designated lab director did not make sure that any changes in a procedure were approved, signed, and dated by the designated laboratory director pursuant to O.A.C. 3701-53-06 (D) (1).
  • The designated lab director did not ensure that a copy of each procedure is maintained with the date the procedure was first used, revised, or discontinued per to O.A.C. 3701-53-06 (D) (2).
  • The designated lab director did not make sure that a copy of the procedure is retained for the later of three years after the procedure was revised or discontinued or in accordance with a written order by any court to the lab to save a specimen that was analyzed under that procedure pursuant to O.A.C. 3701-53-06 (D) (3).
  • The designated lab director did not ensure that the lab technicians who checked your blood were adequately trained and experienced to conduct testing of bodily fluids for alcohol and drugs nor did the designated lab director ensure and document the maintained competency of laboratory techs pursuant to O.A.C. 3701-53-06 (D) (4).
  • The designated lab director did not oversee the work performance and verify the skills of the lab techs involved in the testing of your blood per O.A.C. 3701-53-06 (D) (4).
  • The designated lab director did not ensure that the procedure book referenced to the criteria the lad used in developing standards, controls, and calibrations for the technique or method involved in analyzing your sample pursuant to O.A.C. 3701-53-06 (D) (5).
  • The designated lab did not take steps to check that a complete and timely written procedure book was available and followed by the lab techs during the analysis of your blood sample per O.A.C. 3701-53-06 (D) (6).
  • If the designated lab director left, another permitted lab director was not designated per O.A.C. 3701-53-06 (E).
  • The person analyzing your blood did not have a lab tech’s permit and was not under the general direction of a lab director pursuant to O.A.C. 3701-53-07 (A) (1).
  • The lab tech that analyzed your blood did not conduct a technique or method of analysis that is listed on the lab director’s permit per O.A.C. 3701-53-07 (A).
  • The lab tech that checked your blood did not complete the proficiency exam, administered by a national program for proficiency testing for the approved technique or method of analysis used to test your blood, in a satisfactory manner, per O.A.C. 3701-53-07 (A) (2).
  • The designated lab director has not certified the lab tech who analyzed your blood as competent to perform all procedures contained in the lab’s written procedure manual for testing specimens, per O.A.C. 3701-53-07 (A) (2).
  • The lab tech that checked your blood did not meet the standards in O.A.C. 3701-53-07 (A) (2) (a-d).
  • Your blood was not checked in the lab by someone who has a laboratory director’s permit or, by a person who has a laboratory technician’s permit under the general direction of the laboratory director, per O.A.C. 3701-53-07 (E).
  • The person analyzing your blood, if he/she is a lab tech, did not conduct a technique or method of analysis that was listed on the lab director’s permit, per O.A.C. 3701-53-07 (E).
  • The director of the lab where your blood was analyzed does not meet the qualification for said lab director’s permit per O.A.C. 3701-53-07 (E (1).
  • The lab tech who checked your blood did not meet the qualifications for a lab tech’s permit per O.A.C. 3701-53-07 (E) (2).
  • The person checking your blood was not subject to surveys and proficiency examinations according to O.A.C. 3701-53-08.
  • The person who analyzed the your blood did not have the permit needed by O.A.C. 3701-53-09.
  • The enzymatic and gas chromatographic methods, used to show the amount of alcohol in your blood were not verified each testing day for proper calibration with solutions containing ethyl alcohol under the general direction of the designated lab director, per O.A.C. 3701-53-04 (D).