What about Blood Tests and Urine Tests?
 
• There are two other types of tests that the officer can request that you take, blood and urine. Like the breath tests, these also have the same consequences and considerations in deciding whether to take or not take the tests. The Ohio Department of Health has certain procedures that are required to be followed in the drawing of a blood sample and the handling of the samples. Although these analysis are done in a laboratory, they are still subject to errors in the handling and analysis. If you are taken to a hospital for a blood draw, you still have all the rights that you have in relation to the breath test. They still must draw the sample within two hours of the alleged violation (operating while impaired) or the test usually will not come into evidence.

• Obviously, the blood tests have some health and safety factors to consider that are different from the breath test. But like in the breath tests, the blood or urine test will establish the level of alcohol in your system at the time of the sampling. If your blood alcohol was on the increase from having recently had an alcohol beverage, the level of your BAC will be higher at the time of the draw of the sample than at the time of your actual driving. Ohio Law allows this later sample to be used to convict you of a BAC level at the time of the driving. Scientific computations can be made using body weight, temperature, food consumed, amount and type of alcohol consumed, and time periods to actually do a retrograde extrapolation of your BAC at the time of driving to show that the later test was higher than at the time of the driving.

• To take or not take the blood or urine tests is still your decision based on what the results will likely be. If it will likely be over the limit or perhaps over the high tier level, it would not be beneficial to take the test. Politely refuse.

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