Columbus OVI/DUI Attorney Blog
The defendant in an Ohio Vehicular Homicide/Vehicular Assault case filed a motion to suppress the results of his blood test. Blood test results may be suppressed for various reasons. In this case, the defendant argues the blood test did not comply with the requirements of the Ohio Revised Code and the Ohio Administrative Code.
Defendant Files Motion to Suppress Blood Test Results
According to a recent article in The Vindicator, Walter Bolt was involved in a two-car automobile crash which resulted in two people being killed and one person being seriously injured. Bolt was taken to a hospital where his blood was drawn. The results of a blood test indicated a blood alcohol concentration of .215 percent.
Bolt was indicted in the Mahoning County Common Pleas Court for two counts of Aggravated Vehicular Homicide, one count of Aggravated Vehicular Assault, and one count of OVI (Operating a Vehicle under the Influence). Bolt filed a motion to suppress the results of the blood test, arguing there were “serious procedural deficiencies” with the test.
Ground For Suppressing Blood Test Results
For a blood test to be admissible in a trial for this type of case, the blood test must be conducted in accordance with state and federal constitutions, the Ohio Revised Code, and the Ohio Administrative Code. Based on the article, it appears that Bolt did not challenge the blood test on constitutional grounds, so the suppression issues are related to the test’s compliance with the Revised Code and the Administrative Code.
Ohio Revised Code section 4511.19(D)(1)(b) has four requirements. First, the blood must be drawn within three hours of the time of the alleged violation. Second, the blood must be drawn pursuant to the suspect’s consent (actual or implied) or a search warrant. Third, the blood must be drawn by a qualified medical professional. Fourth, the blood must be analyzed in accordance with methods approved by the Ohio Department of Health. In this case, Bolt’s argument seems to be the blood was not analyzed in compliance with blood-testing methods approved by the Ohio Department of Health.
Ohio Administrative Code Regulations for Blood Tests
The blood-testing methods approved by the Ohio Department of Health are found in Ohio Administrative Code chapter 3701-53. That chapter contains several requirements for blood testing, including the following:
- A non-volatile antiseptic without alcohol must be used to clean the skin.
- Blood must be drawn with a sterile dry needle into a vacuum container with an anti-coagulant.
- The blood container must be sealed and labeled properly.
- The blood sample must be refrigerated.
- The chain of custody must be documented and retained for at least three years.
- The blood sample and records regarding blood-testing instruments must be retained for at least three years.
- The blood-testing instruments must be checked for proper calibration each testing day.
- The blood test must be performed in a laboratory with a permit and by a technician with a permit.
At the hearing on the defendant’s motion to suppress the blood test results, the prosecution must prove the blood test substantially complied with the Ohio Department of Health regulations. If the prosecution is unable to prove this by clear and convincing evidence, the blood test results are suppressed, which means blood test evidence cannot be introduced in the defendant’s trial.
Will This Blood Test be Suppressed?
In Bolt’s case, we do not know the outcome of the motion to suppress. According to the Mahoning County Common Pleas Clerk’s website, the prosecution filed a motion to continue the motion hearing, and the judge granted the motion.