Blood & Urine Testing in Ohio; O.A.C. 3701-53-03

Ohio Administrative Code 3701-53-03 regulates the testing of blood, urine and other bodily substances for purposes of evidential testing.  Section (A) is specific to alcohol and approves gas chromatography and enzyme assays as approved testing techniques.  “The technique or method must have documented sensitivity, specificity, accuracy, precision and linearity. The technique or method can be based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory.

O.A.C. 3701-53-03(B) sets forth the approved methods for testing blood, urine and bodily substances for controlled substances or metabolites of controlled substances.  Statutory definitions for controlled substances and metabolites of controlled substances are set forth at Ohio Revised Code section 3719.011. Section (B) also incorporates the permit requirements set forth at O.A.C. 3701-53-07 and O.A.C. 3701-53-09.  The approved scientific techniques are:

1. Immunoassay;
2. Thin-layer chromatography;
3. Gas chromatography;
4. Mass spectroscopy;
5. High performance liquid chromatography; or
6. Spectroscopy.

O.A.C. 3701-53-03 is set forth in its entirety below:

3701-53-03 Blood, urine and other bodily substance tests.

(A) Alcohol in blood, urine and other bodily substances shall be analyzed based on approved techniques or methods. The technique or method must have documented sensitivity, specificity, accuracy, precision and linearity. The technique or method can be based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory. Approved techniques or methods include:

(1) Gas chromatography; and

(2) Enzyme assays.

(B) Controlled substances or metabolites of a controlled substance as defined in section 4511.19, and drugs of abuse as defined in section 3719.011 of the Revised Code in blood, urine, and other bodily substances shall be analyzed using techniques or methods approved by the director of health as part of the permit process as specified in rules 3701-53-07 and 3701-53-09 of the Administrative Code. The approved analytical techniques or methods are:

(1) Immunoassay;

(2) Thin-layer chromatography;

(3) Gas chromatography;

(4) Mass spectroscopy;

(5) High performance liquid chromatography; or

(6) Spectroscopy.

All positive results of tests specified in paragraph (B) of this rule must be confirmed by one or more dissimilar analytical techniques or methods and must be part of a testing procedure. The analytical techniques or methods used for confirmation must have similar or improved sensitivity, specificity, accuracy, precision and linearity. The approved techniques or methods can be based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory.

Dayton DUI attorney Charles M. Rowland II has successfully challenged blood tests in Ohio and stands ready to offer you an aggressive defense.  If you have been charged with DUI (now called OVI) in the Miami Valley or throughout Ohio, CONTACT Dayton OVI lawyer Charles M. Rowland II today at (937) 318-1DUI or 1-888-ROWLAND.

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