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chain of custody Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "chain of custody"

Ohio DUI Blood Testing: Hemolysis

As blood testing becomes a more favored form of evidential testing in Ohio, attorneys must become familiar with flaws in the testing protocol which may create detriments to their clients.  One such area for consideration is the way in which the blood specimen is handled from collection site to the property room to the Court.Most blood specimens are collected in Vacutainer tubes which contain pre-measured amounts of preservatives and anticoagulants.  Mixing the specimen and the contents of the tube must be done in a prescribed manner involving the gentle inversion of the tube eight to ten times.   The blood must...

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]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...

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Ohio DUI Law Allows Expanded Blood Draws

[caption id="" align="alignright" width="189" caption="Image via Wikipedia"][/caption]A law that takes effect Friday will allow emergency medical workers to draw blood from drivers who crash and are merely suspected of using drugs or alcohol.  Currently, only physicians, registered nurses, qualified technicians, chemists and phlebotomists can take blood from drivers suspected of operating vehicles while under the influence.Adding emergency medical workers would allow samples to be drawn sooner, but that raises several serious questions.  Can drivers be forced to give a sample? Who will train EMS workers to use the different police collection kits? What is...

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