Blood Test

Blood tests are most commonly conducted when a person is transported to a hospital for treatment after an auto accident. At Suhre & Associates, we commonly request our client’s medical records from the hospital to determine if any evidence useful to the preparation of our defense exists. As an example, the sign and symptoms of a head injury are similar to those the police commonly associate with intoxication. We have successfully defended multiple cases where the client is alleged to have been disoriented and combative but after thorough preparation and presentation of the defense, the court found that a head injury contributed to the client’s condition, not the presence of alcohol or drugs.

Blood test records are obtained from the prosecutor and reviewed for compliance with the Administrative Code. When results of blood-alcohol tests are challenged, the state must show substantial compliance with RC 4511.19(D)(1) and OAC 3701-53 before the results are admissible. If the prosecution cannot prove compliance with the code, then the results of the blood test cannot be used as evidence at trial.

Some of the most common reasons blood test results are excluded from evidence are:

The test or tests to determine the Defendant’s alcohol or drug level were not taken voluntarily and were unconstitutionally coerced when obtained due to the threat of loss of license not sanctioned by the requirements of R.C. 4511.191.
The blood sample was not collected in accordance with paragraph (D) of section 4511.19. (3 hour time limit)
The analysis of defendant’s 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 analyze the defendant’s 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 the defendant’s blood is not based on procedures 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).
The Defendant’s 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
The Defendant’s 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).
The Defendant’s blood sample was collected using alcohol as a skin antiseptic, which is prohibited by O.A.C. 3701-53-05 (B).
The 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).
The Defendant’s blood sample container was not sealed in a manner to detect tampering pursuant to O.A.C. 3701-53-05 (E).
The Defendant’s 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.
The defendant’s 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, which performed the tests of the Defendant’s blood, did not maintain a copy of the chain of custody of the results of test for alcohol or drugs of abuse for the three-year period required by O.A.C. 3701-53-06 (A).
The blood sample obtained from the Defendant and analyzed by the laboratory has not been 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 laboratory analyzing the Defendant’s 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 laboratory performing the test did not maintain 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 laboratory personnel did not conduct the test in accordance with the laboratory’s written procedure manual pursuant to O.A.C. 3701-53-06 (C).
The designated laboratory director did not review, sign, and date the written procedure manual as certifying the manual in compliance pursuant to O.A.C. 3701-53-06 (D).
The designated laboratory director did not ensure 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 laboratory directory did not ensure that a copy of each procedure is maintained with the date the procedure first used, revised, or discontinued pursuant to O.A.C. 3701-53-06 (D) (2).
The designated laboratory directory did not ensure 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 laboratory to save a specimen that was analyzed under that procedure pursuant to O.A.C. 3701-53-06 (D) (3).
The designated laboratory director did not ensure that the laboratory technicians who analyzed the Defendant’s blood were adequately trained and experienced to conduct testing of bodily fluids for alcohol and drugs nor did the designated laboratory director ensure and document the maintained competency of laboratory technicians pursuant to O.A.C. 3701-53-06 (D) (4).
The designated laboratory director did not monitor the work performance and verify the skills of the laboratory technicians involved in the testing of the Defendant’s blood sample pursuant to O.A.C. 3701-53-06 (D) (4).
The designated laboratory director did not ensure that the procedures manual referred to the criteria the laboratory used in developing standards, controls, and calibrations for the technique or method involved in analyzing the Defendant’s sample pursuant to O.A.C. 3701-53-06 (D) (5).
The designated laboratory did not ensure that a complete and timely written procedure manual was available and followed by the laboratory technicians during the analysis of the Defendant’s blood sample pursuant to O.A.C. 3701-53-06 (D) (6).
If the designated laboratory director was replaced, another permitted laboratory director was not designated pursuant to O.A.C. 3701-53-06 (E).
The person analyzing the Defendant’s blood sample did not have a laboratory technician’s permit and was not under the general direction of a laboratory director pursuant to O.A.C. 3701-53-07 (A) (1).
The laboratory technician who analyzed the defendant’s blood did not conduct a technique or method of analysis that is listed on the laboratory director’s permit pursuant to O.A.C. 3701-53-07 (A).
The laboratory technician who analyzed the Defendant’s 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 the Defendant’s blood, in a satisfactory manner, pursuant to O.A.C. 3701-53-07 (A) (2).
The designated laboratory director has not certified the laboratory technician who analyzed the Defendant’s blood as competent to perform all procedures contained in the laboratory’s written procedure manual for testing specimens, pursuant to O.A.C. 3701-53-07 (A) (2).
The laboratory technician who analyzed the Defendant’s blood did not meet the requirements as set forth in O.A.C. 3701-53-07 (A) (2) (a-d).
The Defendant’s blood sample was not analyzed in the laboratory by a person 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, pursuant to O.A.C. 3701-53-07 (E).
The person analyzing Defendant’s blood, if he/she is a laboratory technician, did not conduct a technique or method of analysis that was listed on the laboratory director’s permit, pursuant to O.A.C. 3701-53-07 (E).
The director of the laboratory where Defendant’s blood was analyzed does not meet the qualification for said laboratory director’s permit pursuant to O.A.C. 3701-53-07 (E (1).
The laboratory technician who analyzed the Defendant’s blood did not meet the qualifications for a laboratory technician’s permit as set forth in O.A.C. 3701-53-07 (E) (2).
The person analyzing the Defendant’s blood was not subject to surveys and proficiency examinations as required by O.A.C. 3701-53-08.
The person who analyzed the Defendant’s blood did not have a permit as required by O.A.C. 3701-53-09.
The enzymatic and gas chromatographic methods, used to determine the amount of alcohol in a specimen were not checked each testing day for proper calibration with solutions containing ethyl alcohol under the general direction of the designated laboratory director, pursuant to O.A.C. 3701-53-04 (D).