Blood tests are generally the most reliable test to determine if a person has committed an OVI (R.C. 4511.19). However, there are many ways to challenge the blood test result including, but not limited to:
- Is the lab that tested the blood properly accredited at the time of testing?
- What is the lab's testing and calibration procedures?
- What was the identification and source of all internal standards, verifiers, blanks, and controls that were run within the batch in for the sample in this case?
- Was the blood sample collected, stored, and tested in the proper manner?
- Was a gas or liquid chromatograph used?
- Was a mass spectrometer used?
Also, it is important to know when the accident occurred and when the blood draw took place. The blood draw must take place within three-hours as required by R.C. 4511.19(D)(1)(b). There are other requirements per O.A.C. 3701-53-05 that must be met for the collection and handling of blood and urine samples.
You can also have your blood sample retested by an independent lab of your choosing. The original testing lab may have made an error. Attorney Christopher Fogt may ask the Court to allow for your blood to be re-tested.
The collection of urine must also meet the requirements per O.A.C. 3701-53-05. Urine tests are not as common as blood tests, and especially not as common as breath tests.
Fogt Law Can Help
Attorney Fogt understands knows and has the experience to challenge blood and urine tests to obtain the best result for his clients. He is also certified in the NHTSA manual just like the police and has 104 hours of Continuing Legal Education classes on OVI alone.
Attorney Fogt practices in Federal Court and all over the State of Ohio including, but not limited to Montgomery County, Greene County, Miami County, Warren County, Hamilton County, Clark County, Franklin County. Attorney Fogt also practices in Kettering, Miamisburg, Dayton, Xenia, Fairborn, Springboro, Clark, and Lebanon Municipal Courts as well as others.