In a DUI case (called ‘OVI’ in Ohio), what happens when evidence is destroyed because a prosecutor does not timely respond to a specific request for that evidence? It depends on the jurisdiction. In ten of Ohio’s 12 appellate districts, the case would likely be dismissed. In the other two Ohio appellate districts, there would likely be no sanction. Two appellate cases from two Ohio cities illustrate the outcome depends, in large part, on where the case is heard.
Police officers in Georgia are being trained to draw blood from drivers suspected of DUI (called ‘OVI’ in Ohio). Typically, a person arrested for OVI in Ohio is taken to a police station for a breath test or urine test. Occasionally, an OVI suspect is taken to a hospital for a blood test. In Georgia, DUI suspects will now have their blood drawn by police officers. Could we soon have police officers drawing blood from OVI suspects in Ohio?