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Venipuncture Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Venipuncture"

Methods for Obtaining A Test Under Ohio’s Implied Consent Law

  When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part,  "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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Ohio’s First Post-McNeeley Blood Draw Case

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.  The decision of the court used the previous rules for exigent circumstances as set forth in Schmerber v. California and does not address or rely upon...

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Blood Contamination & Candida Albicans (by DaytonDUI)

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, "Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans."  The results of the fermentation in the blood vial is dramatic.  For example, a blood...

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OVI Blood Test Defense: Microbial Contamination

Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges.  Many of these scientific defenses can arise from problems in the blood draw.  If the blood draw is flawed microorganisms may contaminate the blood sample.  If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test.  Candida albicans is a yeast that lives on just about everything and is resistant to most preservatives.  In Lakatuka, D.J., “The Effect of Microbial Contamination of the Blood Sample on the Determination...

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Microbial Contamination of the Blood Draw

With recent changes in Ohio OVI law, attorneys should expect more blood test cases. Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges.  Many of these scientific defenses can arise from problems in the blood draw.  If the blood draw is flawed microorganisms may contaminate the blood sample.  If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test.  Candida albicans is a yeast that lives on just about everything and is resistant to most...

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Forced Blood Draws in Ohio DUI Cases

[caption id="" align="alignright" width="180" caption="Forced Blood Draws"][/caption]A law that will go into effect Tuesday, Sept. 30, states drivers with prior DUI offenses who are suspected of driving while drunk must take a breath-alcohol test.  If drivers refuse, authorities can take them to get a mandatory blood or urine test.  The law intends to help prosecutors in cases of repeat offenders and deter drunken driving. Repeat offenders used to be able to refuse a breath-alcohol test.  www.DaytonDailyNews.com If you find yourself facing a DUI/OVI charge in the Miami Valley, contact Charles M. Rowland II at 937-318-1DUI or 1-888-ROWLAND. ...

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