A new law going into effect today (9/30/08) will permit forced blood or urine testing for suspected repeat drunk drivers in Ohio. The no refusal law will affect anyone who refused to submit to a blood alcohol analysis, and:
- Has 2 or more DUI/OVI convictions in the previous six years; or
- Has 5 or more OVI/DUI convictions in the previous twenty years; or
- a previous felony
How the law will be actually applied, and how a sample will be extracted from an unwilling participant is still an open question.
In addition, the timing of the testing is critical. The police will need to have qualified medical personell on call at all times to collect these evidence samples.
Under the previous Ohio breath/blood test refusal laws, prosecutors would be forced to use other evidence in court in order to establish impairment to get a conviction for Operating a Vehicle under the Influence.
If you are charged with drunk driving, please contact us for a consultation on Ohio drunk driving laws, and what you can do about your charges.