Blood and Urine Testing is not as common in OVI DUI cases in Ohio, mostly being limited to those involving accidents, where the driver specifically requests that type of test, or when law enforcement suspect impairment other than by alcohol. Consequently, many attorneys are unfamiliar with these tests, the applicable standards, and how to challenge them. This testing is—and will continue to be—on the rise in Ohio. OVI DUI Attorney Bucher is taking the steps necessary to defend his clients in these cases.
The procedure most commonly used to test blood and urine for drugs that impair (including alcohol) is Headspace Gas Chromatography with Flame Ionization. This basically consists of a lab separating the molecules via chromatography and then burning those molecules to measure the amount present. The common tagline is that it is the “Gold Standard” in chemical testing. A trained OVI DUI Defense Attorney knows otherwise.
Blood and Urine tests for OVI DUI impose the most regimented set of requirements upon law enforcement. Deviation from this multitude of requirements can result in the test being suppressed as it is no longer reliable. This is all too often the end of the inquiry by attorneys. It is necessary to look at potential error across the board, from the specimen collection to the lab.
In addition to error by the Officer, OVI DUI Defense Attorney Bucher understands that mistakes and potential error can result from the actions of the individual who collected the sample, through deviation from laboratory procedure, through improper or incorrect usage of medical equipment, and even from manipulation of the machine used to test the samples in the Lab. He understands, can identify, and can exploit these issues to the great benefit of his clients.
Due to a recent United States Supreme Court Case, all blood and urine results must be introduced by the State Expert who tested them. Accordingly, a Scientific Background and intricate understanding of the testing processes is invaluable in attacking these cases.
The proper Ohio legal representation in OVI DUI can be the difference between the ability to critically analyze laboratory procedure/data and the ability to read a number off of a piece of paper.