DUI Crime Lab Requirements, O.A.C. 3701-53-06
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O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases
Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests. Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years. All positive blood, urine and other bodily substances shall be retained for a period of not less than one year. Section (B) requires lab proficiency. Section (C) requires that,”[t]extbooks and package inserts or operator manuals from the manufacturer may be used to supplement, but may not be used in lieu of the laboratory’s own procedure manual for testing specimens.”
The experienced DUI attorney will file a detailed discovery request asking for documentation that each of the requirements of the administrative code are being complied with. It is also smart to send a letter to the prosecutor advising that you will challenge not only the chain of custody aspects of the case, but that you will also challenge the collection procedures. A visit to the lab or a visit with your expert to the lab may also be in order. Questioning the lab technicians may reveal some very advantageous facts for your client.
DUI counsel should also file a motion to preserve the defendant’s blood or urine specimen for later analysis or independent testing. In State v. Bruce, 2008-Ohio-5514, a 2nd Appellate District case, the attorney properly filed a motion to preserve and the court issued an order. However, the attorney did not serve the order preserving the evidence on the laboratory. The lab destroyed the evidence. The 2nd District Court of Appeals held that the defendant’s due process rights were not violated as the lab had not acted in bad faith and that it was the defendant’s responsibility for failing to provide timely notice to the lab. The lesson: ATTORNEY BEWARE!
Ohio Administrative Code 3701-53-06
(A) Chain of custody and the test results for evidential alcohol and drugs of abuse shall be identified and retained for not less than three years, after which time the documents may be discarded unless otherwise directed in writing from a court. All positive blood, urine and other bodily substances shall be retained in accordance with rule 3701-53-05 of the Administrative Code for a period of not less than one year, after which time the specimens may be discarded unless otherwise directed in writing from a court.
(B) The laboratory shall successfully complete a national proficiency testing program using the applicable technique or method for which the laboratory personnel seek a permit under rule 3701-53-09 of the Administrative Code.
(C) The laboratory shall have a written procedure manual of all analytical techniques or methods used for testing of alcohol or drugs of abuse in bodily substances. Textbooks and package inserts or operator manuals from the manufacturer may be used to supplement, but may not be used in lieu of the laboratory’s own procedure manual for testing specimens.
(D) The designated laboratory director shall review, sign, and date the procedure manual as certifying that the manual is in compliance with this rule. The designated laboratory director shall ensure that:
- Any changes in a procedure be approved, signed, and dated by the designated laboratory director;
- The date the procedure was first used and the date the procedure was revised or discontinued is recorded;
- A procedure shall be retained for not less than three years after the procedure was revised or discontinued, or in accordance with a written order issued by any court to the laboratory to save a specimen that was analyzed under that procedure;
- Laboratory personnel are adequately trained and experienced to perform testing of blood, urine and other bodily substances for alcohol and drugs of abuse and shall ensure, maintain and document the competency of laboratory personnel. The designated laboratory director shall also monitor the work performance and verify the skills of laboratory personnel;
- The procedure manual includes the criteria the laboratory shall use in developing standards, controls, and calibrations for the technique or method involved; and
- A complete and timely procedure manual is available and followed by laboratory personnel.
(E) Any time the designated laboratory director is replaced, another permitted laboratory director or applicant shall be designated and approved by the director.
