Forced Blood Draws…in America?

Driving under the influence
Posted in
Charles is a frequent speaker and a prolific writer on all matters related to OVI / DUI defense.
blood, human, splatter, drops
Image via Wikipedia

Ohio Revised Code Section 4511.191(A)(5) allows forced blood draws.  Officers may use “whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person’s whole blood or blood serum or plasma.”  This section applies to persons who have two prior convictions.  O.R.C. 1547.111(B) applies the “whatever means necessary” test to watercraft.

Ohio Revised Code 4511.191(A)(4) authorizes the State to withdraw blood from a corpse or from a person who is unconscious or from a person who is incapable of withholding consent.

Ohio Revised Code 4511.19(D)(1)(b) provides that courts may admit blood evidence upon consent of the tested “or a blood or urine sample…obtained pursuant to warrant.”

Let Charles Rowland help with your blood draw case!

DUI Lawyer Headshot 2010 Low ResCharles M. Rowland II has successfully suppressed blood draws at motions to suppress and will aggressively fight your blood, breath or urine test.  Contact DUI/OVI attorney Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263).  Ohio OVI attorney Charles M. Rowland limits his practice to DUI defense and regularly appears in courts throughout the Miami Valley.  If you have a blood evidence case in Xenia, Beavercreek, Fairborn, Miamisburg, Centerville, Oakwood, Kettering, Vandalia, Huber Heights, Springfield or Dayton, call today.

Enhanced by Zemanta