OVI Convictions for Refusing to Submit to Blood Tests Are Unconstitutional - DUI News - 7/23/2016

OVI Convictions for Refusing to Submit to Blood Tests Are Unconstitutional - DUI News - 7/23/2016

The Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.

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State Must Obtain Warrant Before Requiring Alcohol Blood Tests at Hospital - DUI News - 4/28/2016

State Must Obtain Warrant Before Requiring Alcohol Blood Tests at Hospital - DUI News - 4/28/2016

The Sixth District holds that when hospitals conduct blood-alcohol tests at the request of the police, and the tests are not performed for medical purposes, warrant protections still apply even when the police requested the results pursuant to R.C. 2317.022.

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Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016

Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016

Third District holds that an individual receiving treatment after an auto accident can refuse a blood alcohol test by the police, but the health care provider's own blood test used for treatment will still be admissible even if it does not substantially comply with ODH regulations like the police test would have to.

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Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

The Ohio Supreme Court held that, despite the administrative code requiring refrigeration of urine and blood samples, the State substantially complies if the samples are unrefrigerated for as long as five hours, while providing clarification for the burden shifting tests for substantial compliance with OVI testing.

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