Daniel Gigiano Reviews DUI Blood Tests

Mandatory DUI Blood Tests Unconstitutional

DUI Blood Tests

Many states, including Ohio, criminalize the refusal to submit to alcohol testing after being arrested for DUI.  The United States Supreme Court, in ruling mandatory DUI blood tests unconstitutional, imposed severe limits on such state laws.

In its 2016 decision, the U.S. Supreme Court upheld warrantless breathalyzer tests but struck down warrantless blood tests for DUI investigations.  The Supreme Court concluded that breath tests are not very intrusive and that state have a compelling interest in preventing

drunk driving.  Obtaining blood draws are more intrusive, as they involve piercing the skin and extracting a part of the subject’s body. 

Background

States used to just impose license suspensions for refusing tests for measuring blood alcohol levels.  States began passing tougher DUI laws by increasing penalties for higher blood alcohol levels.  Faced with greater criminal penalties, suspects had a lot of motivation to refuse a test measuring blood alcohol if they felt it would result in high enough levels to require such increased penalties.  The states responded by making refusal of alcohol tests a crime. 

Impact on Ohio DUI law

Horizontal Gaze Nystagmus Test

Ohio DUI laws make it a crime to refuse any testing for alcohol or drugs if one is also guilty of DUI.  In other words, refusal of alcohol testing is not a crime in Ohio if one is not operating a motor vehicle while impaired. 

Due to the U.S. Supreme Court decision, Ohio’s law criminalizing refusal to take blood tests is unconstitutional.  If law enforcement wants a blood tests, they will have to get a warrant.  However, I believe it is no longer a crime to refuse a blood test after being arrested for OVI in Ohio.  This does not mean that some police officer, prosecutor and court will not try to enforce this invalid law.  It simply means that I believe, in the end, one would prevail on this issue.  

If you would like to read more about Ohio OVI laws, take a look at my white paper on Ohio OVI law. 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina DUI attorney in Wadsworth.