Blood Test

Akron DUI Blood Test

Normally, blood tests are administered after a suspect is transported to a local hospital for treatment after an automobile accident. Our attorneys request the medical records of our clients in order to determine if any evidence exists that could be useful in preparing your DUI defense.

For accidents which result in head injuries, the resulting symptoms are similar to those associated with being intoxicated. The attorneys at Suhre & Associates have been successful at defending suspects who were combative and disoriented at the time of the arrest by establishing that a head injury was the cause of the client’s behavior – not drugs or alcohol.

All blood tests administered in Ohio must conform to the regulations stated in the Ohio Administrative Code.

The prosecutor must show that the blood test was in substantial compliance with both the Ohio Revised Code section 4511.19(D)(1) and the Ohio Administrative Code section 3701-53 before those results will be admissible in a court of law. Otherwise, the results may not be used as evidence at the trial of the defendant.

Blood Test Defenses

Here are a number of defenses we have used successfully in the past.

  • A blood test that was not obtained voluntarily or were coerced in an unconstitutional manner by threat of loss of license not in compliance with Revised Code section 4511.191.
  • A blood test result not collected within three hours of the time of the alleged DUI, in violation of Revised Code section 4511.19.
  • Defendant’s blood analysis not perform using an method approved by Adminstrative Code section 3701-53-03(A).
  • Using a method to analyze blood sample not documented regarding specificity, sensitivity, precision, accuracy and linearity, as stated in Administrative Code section 3701-53-03(A).
  • Using a method to analyze blood sample not approved in published peer reviews, accredited scientific journals or thoroughly documented laboratory results as defined in Administrative Code section 3701-53-03(A).
  • Administrative Code section 3701-53-05(B) requires the blood sample to be taken using an aqueous solution of a non-volatile antiseptic on the skin.
  • Using alcohol as a skin antiseptic when collecting a blood sample, in violation of Administrative Code section 3701-53-05(B).
  • Sample collection was not analyzed in accordance with Administrative Code section 3701-53-06(D) and 3701-53-05(E).
  • Improperly sealing the sample container that would negate the ability to detect tampering with the sample, in violation of Administrative Code section 3701-53-05(E).
  • The blood sample not containing a label with the suspect’s name, time and date of collection, name or initials of the person collecting the sample, in violation of Administrative Code section 3701-53-05(E) (1), (2) and (3).
  • Not properly refrigerating the sample at all times except of examination of transportation, in violation of Administrative Code section 3701-53-05(F).
  • The laboratory administering the tests of the blood sample not maintaining a chain of custody of the test results for a period of three years as required by Administrative Code section 3701-53-06(A).
  • Failure to retain a suspect’s blood sample for one year in violation of Administrative Code section 3701-53-05 and 3701-53-06(A).
  • Failure of the testing laboratory to participate in the national proficiency-testing program instructing on the proper technique for which lab personnel sought permits under Administrative Code section 3701-53-09 and Administrative Code section 3701-53-06(B).
  • Failure of the laboratory to maintain at least one copy of the proper procedural manual use in performing the blood test according to Administrative Code section 3701-53-03 and Administrative Code section 3701-53-06(C).
  • Failure of laboratory personnel administering the blood test to properly follow the procedure manual in accordance with Administrative Code section 3701-53-06(C).
  • Failure of the laboratory supervisor to review, sign and date the procedure manual stating that the manual is in compliance with Administrative Code section 3701-53-06(D).
  • Failure of the laboratory supervisor to ensure that all changes in the testing procedure were approved, signed and dated according to Administrative Code section 3701-53-06(D)(1).
  • Failure of the laboratory supervisor to ensure that a copy of each procedure be maintained noting the date the procedure was first used, revised or terminated in accordance with Administrative Code section 3701-53-06(D)(2).
  • Failure of the laboratory supervisor to ensure that the procedure manual was retained for at least three years after a revision or discontinuation of any procedure or failure to comply with a written court order directed to the lab to retain a particular specimen that was analyzed in compliance with Administrative Code section 3701-53-06(D)(3).
  • Failure of the laboratory supervisor to ensure that all lab technicians analyzing a blood sample were properly trained to conduct testing for alcohol and/or drugs and to ensure and document the competency of each technician pursuant to Administrative Code section 3701-53-06(D)(4).
  • Failure of the laboratory supervisor to ensure that all lab technicians’ work performances and skills are verified and monitored according to Administrative Code section 3701-53-06(D)(4).
  • Failure of the laboratory supervisor to ensure the procedures manual used in developing standards, calibrations and controls for the methods used to analyze the suspect’s blood sample properly referred to appropriate criteria according to Administrative Code section 3701-53-06(D)(5).
  • Failure of the laboratory supervisor to ensure the availability of a complete and timely written procedure manual and properly followed the lab technicians performing the analysis of the sample in accordance with Administrative Code section 3701-53-06(D)(6).
  • Failure to properly designate a new laboratory supervisor if the previous supervisor was replaced.
  • Having a blood sample analyzed by a person not possessing a laboratory technician’s permit and not under the direction of a laboratory supervisor in accordance with Administrative Code section 3701-53-06(A)(1).
  • Failure of the laboratory technician performing the blood analysis to conduct the analysis according to the supervisor’s permit in accordance with Administrative Code section 3701-53-07(A).
  • Failure of the laboratory technician to obtain a proficiency exam, administered by a national program to test the technique of analysis used to test the suspect’s blood, according to Administrative Code section 3701-53-07(A)(2).
  • Failure of the laboratory supervisor to certify the lab technician performing the blood analysis as competent to perform all analysis contained in the procedure manual of the laboratory in compliance with Administrative Code section 3701-53-7(A(2).
  • Failure of the lab technician performing the blood analysis to meet specified requirements set forth in Administrative Code section 3701-53-07(A)(2)(a-d).
  • Failure to have suspect’s blood sample analyzed by a person possessing a laboratory supervisor’s permit, or by a person possessing a lab technician’s permit under the direction of a laboratory supervisor in accordance to Administrative Code section 3701-53-7(E).
  • Failure of laboratory technician to perform the blood analysis in accordance to the method or technique listed on the laboratory supervisor’s permit in accordance with Administrative Code section 3701-53-07(E).
  • Failure of laboratory supervisor to meet qualifications for a laboratory supervisor’s permit according to Administrative Code section 3701-53-07(E)(1).
  • Failure of laboratory technician to meet qualifications for a laboratory technician’s permit according to Administrative Code section 3701-53-07(E)(2).
  • Blood analysis conducted by a person either not subject to surveys and proficiency exams or not having a proper permit as required by Administrative Code section 3701-53-08 and 3701-53-09.
  • Failure to check and inspect the enzymatic and gas chromatographic methods used to determine alcohol amounts in a sample with solutions containing ethyl alcohol under the direction of the lab supervisor pursuant to Administrative Code section 3701-53-04(D).

DUI Case

A Relieved Client

“I went to court thinking I would just get driving privileges and still be under suspension for some time. Rob was able to get the entire ALS suspension waived and most of the court fees waived as well. Was placed under 6 months probation, couldnt have asked for a better outcome. Rob did a phenomenal job. He is very knowledgeable and accessible, and I would recommend him to anyone.”

DUI Case

A Grateful Client

“Rob is very knowledgeable in his area. His expertise and advice were unsurpassed. I not only had extreme confidence in Rob’s ability but was able to put my mind at ease while we went through this process. Rob was able to work with the prosecuting attorney and then get agreement from the Judge to dismiss several charges and plead to a 1st DUI. I cannot express the gratitude I have for Rob. I realize that he is being paid for his service, but his attitude is like none I’ve experienced when dealing with an attorney for this type of matter. He was not judgmental but caring.”