Ohio Denies Constitutional Rights in Certain OVI Cases
The Fourth Amendment to the U.S. Constitution grants each citizen the right to be free from unreasonable searches and seizures. That includes searches of the human body with needles to seize blood that could be used to prove that the person was operating a vehicle under the influence (OVI). Without the person's consent, a search warrant is required to draw a person's blood to determine blood alcohol content (BAC) and use the results as evidence against him or her.
Despite this foundational constitutional right, the state of Ohio has stripped certain citizens of the right to refuse an OVI-related blood draw. If a person suspected of OVI has already been convicted of two or more OVI-type offenses (or their equivalents), Ohio law allows police officers to use "whatever reasonable means are necessary" to obtain their blood.
The following are examples of OVI-equivalent offenses:
- Vehicular homicide
- Vehicular assault
- Vehicular manslaughter
- Involuntary manslaughter with alcohol
- OVI felony
- OVI refusal
- CDL OVI (BAC 0.04 percent or higher)
Drivers who have no more than one OVI conviction maintain their right to refuse a blood draw. To override the refusal, an officer must obtain a search warrant signed by a judge. However, if two or more OVI (or equivalent) convictions are present on an individual's record, an officer need merely ask for the person's consent. If refused, the officer must inform the person that any reasonable means may be taken to ensure that the person submits a chemical test of blood or plasma. Blood can then be drawn and analyzed for BAC.
If you or a loved one has been violated by a warrantless blood draw and charged with an OVI offense, contact an experienced defense attorney to discuss your situation and your options.