Is it Legal to Take a DUI Blood Test After 2 Hours?

Written By: Moermond & Mulligan, LLC

Last Updated: 04-08-2024

Posted on Saturday, March 16th, 2024 at 8:28 pm    

Is it Legal to Take a DUI Blood Test After 2 Hours

DUI charges in Ohio can be a stressful experience, especially if a blood test was administered more than two hours after driving. This raises questions about the test’s validity. If you’re facing this situation, you’re not alone.

What is the 3-Hour Presumption for DUI in Ohio?

In Ohio, the three-hour presumption is a legal concept that assumes a person’s blood alcohol content (BAC) at the time of testing is the same as their BAC when they were driving, as long as police administer the test within three hours of operating the vehicle. This means that if you take a blood test within three hours of driving, the prosecution can use the results as evidence to prove your intoxication while behind the wheel.

However, if the blood test is taken more than three hours after driving, the prosecution faces a higher burden of proof. They must provide additional evidence to demonstrate that your BAC was above the legal limit when driving rather than relying solely on the blood test results. This can be more challenging for the prosecution, as they need to gather and present evidence that establishes your intoxication at the time of the offense, such as witness testimony or field sobriety test results.

Can You Get a Blood Test After 2 Hours for DUI in Ohio?

Yes, law enforcement in Ohio can administer a blood test more than two hours after you were driving. However, as mentioned earlier, the three-hour presumption does not apply in these cases. If your blood test is taken more than three hours after operating a vehicle, the prosecution must work harder to prove that your BAC was above the legal limit at the time you were driving.

The prosecution may rely on various pieces of evidence, such as:

  • Witness statements describing your behavior or appearance
  • Officer observations of your driving patterns or physical signs of intoxication
  • Video footage from dash cams or body cams
  • Results from field sobriety tests
  • Admissions or statements you made regarding your alcohol consumption

Your criminal defense attorney plays a crucial role in challenging this evidence and working to cast doubt on the prosecution’s case. They can examine the circumstances surrounding your arrest, the blood test’s validity, and the evidence’s strength against you to build a robust defense strategy.

What is a High BAC for a DUI in Ohio?

In Ohio, the legal limit for drivers 21 years or older is a BAC of 0.08% or higher. If your blood test results show a BAC at or above this level, you can be charged with a DUI, even if your driving didn’t appear to be impaired.

What is the Penalty for First Offense DUI in Ohio?

A first-offense DUI conviction in Ohio lands you with several serious penalties, even if you’ve never faced such charges before. Here’s a breakdown of the potential consequences you might face:

  • Fines ranging from $375 to $1,075
  • Up to 6 months in jail
  • Driver’s license suspension for up to 3 years
  • Mandatory completion of alcohol education or treatment programs
  • Installation of an ignition interlock device on your vehicle

It’s crucial to have an experienced DUI defense attorney by your side to work towards the best possible outcome in your case.

Is Ohio a Zero Tolerance State?

Ohio has a zero-tolerance policy for drivers under the age of 21. If an underage driver has any detectable amount of alcohol in their system, they can be charged with a DUI, even if their BAC is below the standard legal limit of 0.08%.

However, for drivers over 21, Ohio isn’t a zero-tolerance state. While a BAC of 0.08% or higher triggers DUI charges, you can still face charges if the prosecution proves your driving was impaired by alcohol or drugs, even below the legal BAC limit.

How Much Does Your BAC Go Down in 2 Hours?

The rate at which your body metabolizes alcohol and lowers your BAC can vary based on several factors, including your weight, gender, metabolism, and the amount of alcohol you consumed. It’s important to remember that even if your BAC has declined since you were driving, you can still face DUI charges if you were over the legal limit at the time you operated the vehicle.

Why is My DUI Blood Test Taking So Long?

Is it Legal to Take a DUI Blood Test After 2 HoursWaiting for the results of your DUI blood test can be a stressful and frustrating experience, especially when the outcome can have a significant impact on your future. Several factors may contribute to the delay in receiving your results, such as:

  • A backlog of cases at the testing laboratory
  • The complexity of the testing process and the need for accuracy
  • The potential need for additional confirmation testing
  • Issues with the chain of custody documentation or other administrative hurdles

Contact Moermond & Mulligan, LLC Today

If you find yourself facing a DUI charge based on a blood test taken more than two hours after driving, it’s crucial to consult with an experienced DUI attorney who can evaluate your case, challenge the admissibility of the evidence, and help you build a strong defense strategy. Remember, every case is unique, and having a skilled legal advocate on your side can make a significant difference in the outcome of your DUI case.

The attorneys at Moermond & Mulligan, LLC may be able to help. Contact us today for a free consultation. We’ll review your case, explain your options, and defend you aggressively.