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San Francisco DUI Attorney - Blood Test Suppression

Posted on in DUI

San Francisco, Sonoma, Marin, Napa DUI Attorney - Blood Test Suppression
State v. Falconer (2012)
2012 WL 1867159 (Ohio App. 5 Dist.) 2012-Ohio-2293

Ohio law requires defendants to file a pretrial motion to suppress if they wish to challenge the validity and admissibility of an alcohol test. Defendant filed such a motion based on a lack of information being provided about who drew the blood, whether it was done by an authorized person, and the manner of collection, handling, and storage.

Defendant’s motion included its citation of regulations concerning (a) the use of a non-volatile antiseptic on the puncture area; (b) the use of a sterile dry needle into a vacuum container that contains a solid anticoagulant; (c) the blood sample must be sealed in a manner such that tampering can be detected; (d) the container have a label with the suspect’s name, date and time of collection, name or initials of person collecting the sample; and name or initials of person sealing the sample; (e) the sample must be refrigerated when not in transit or under analysis; (f) and chain of custody; and (g) requirements for testing.

Held : Defendant’s motion was very specific and placed a burden on the State to show that the test was administered in substantial compliance with the state regulations. The trial court should not have limited the scope of the hearing.

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