DUI Forced Blood Draws to Become Law

Governor Ted Strickland is expected to sign legislation that will give police greater powers to force a blood or urine sample from certain motorists. The bill would allow police to demand samples from drivers who have been convicted of driving under the influence in Ohio two or more times.

Under current Ohio DUI laws a warrant must be obtained from a judge if the motorist declines to submit a blood sample. The new bill would make the blood draw a requirement even without a warrant. Opponents of the plan point out that a repeat DUI offender could be stopped for any traffic infraction, not just suspicion of drunk driving, before being asked to submit a blood sample. Those states that have provisions for warrantless blood draws usually limit the action to situations where a driver involved in an accident involving an injury or fatality is suspected of impaired driving.

The Ohio chapter of the American Civil Liberties Union is expected to challenge the new law on the basis of constitutionality.