There are many disagreements about the validity of breathalyzer tests that officials use in OVI cases in Ohio. If an officer pulls you over under the suspicion that you are driving under the influence of a substance, you may have to take a breathalyzer test. If the result show you are under the influence, the officer usually can arrest you. However, using the breathalyzer as the main evidence in court usually is easy to beat. So, often you will also have to submit to a urine or blood test after you reach the jail. You may wonder if these tests are admissible in court.

 According to the Ohio Revised Code, the short answer is that yes such substance tests usually are. However, it often depends on the criminal charges you face. For some charges, a blood or urine test is only admissible if it was taken within a certain time frame. For other offenses, any blood or urine test is admissible.

In addition, for any charge, the urine or blood test is only usable for evidence purposes if it was taken by a health care professional. While law enforcement may request the test, only a medical professional may administer and handle the test.

There may be some situations where officers must have a warrant to make the request for testing. Not having a warrant could void the test results and make it so the prosecutor cannot use them in court.

There are many details about the use of such tests in court as evidence. It is important that you investigate this evidence fully to ensure it is valid. This information is for education and is not legal advice.