Even though the science underlying Ohio blood alcohol tests performed to support a charge of driving under the influence is sound, the process can be flawed.

Ohio Blood Alcohol Test Defenses

You can challenge blood alcohol test results submitted as evidence of operating a vehicle while intoxicated (OVI). You can challenge the warrant; the officer's claim they had consent. And you can also question technical aspects of the blood test, such as how the test was conducted, or how a blood sample was handled. The actual chemical analysis of a blood alcohol test is often accurate, but false positives occur when lab techs and police officers commit errors.

One of the first steps in challenging an Ohio blood alcohol test involves asking whether the officer who made the arrest and issued the DUI/OVI charge followed the script for requesting blood samples. State law requires the officer to explain to the suspect why a blood sample will be drawn, what the blood will be used for, and what can happen if the suspect refuses to have blood drawn voluntarily.

If you don't consent to give a blood test, the officer must usually get a warrant to take it. And often times, the officer doesn't bother with getting a warrant. But exceptions to the warrant requirement do exist.

Once a blood sample is taken, it should be sealed, refrigerated, and kept undivided. What the law calls the "chain of custody" cannot be broken. This means that people who handle the sample must be identified, and what they did with the sample must be documented. Any possibility that a blood sample has deteriorated or been tampered with can be used as a defense against the accuracy of the blood alcohol test.

The OVI-related blood test must also be performed by adequately trained personnel in a state-certified facility. This will usually be a hospital. If blood is drawn in a police station or jail, grounds may exist for making the result inadmissible in the prosecutor's case against you.

Next, all the laboratory equipment used to analyze the blood samples must be in full working order, recently calibrated, and used correctly. Labs are required to keep detailed maintenance and procedural records. A knowledgeable Ohio blood alcohol test defense attorney will review that paperwork to discover faults and mistakes.

Last, blood used for alcohol testing must be drawn and analyzed soon after the alleged DUI/OVI offense. Waiting as little as three hours to perform the laboratory test can make blood levels a poor indicator of alcohol consumption. This is true for a couple reasons, mainly because the sample coagulates and dehydrates over time, leaving close to the same amount of alcohol but less water in an older sample.

If a blood test result is being used to support an OVI charge against you, call Ohio drunk driving defense attorney April Campbell or contact her online. Campbell Law will fight against allowing a blood test to be used against you in court.

Image Credit: Creative Commons / Robert Couse-Baker

The police found drugs in my car. What do I do now?

If police found drugs in your car, the first thing you should do is call a Columbus, OH drug possession attorney. Finding the right attorney for a drug case is crucial. This is because a good drug attorney will know how to successfully challenge the prosecution's case against you. An experienced drug attorney knows the importance of questioning the legality of the search. Here are just some of the legal questions that are important in a drug possession case.

Were you in the car at the time of the search?

Convicting someone of drug possession requires proving that the person charged "possessed," either actually or constructively, the controlled substance. This means the prosecutor will have a tougher time proving that you possessed drugs, particularly if you were not the sole occupant of the vehicle.

Why was the search for drugs conducted?

Police must have probable cause, or a legitimate alternative to probable cause-often called an "exception," to search your car. An experienced Columbus drug possession lawyer will examine why the police suspected that your car contained drugs. If the explanation does not make sense, or cannot be supported by the evidence, an experience attorney will know how to seek to exclude evidence from being used against you at trial.

What are some typical "legitimate" reasons for why my car was searched?

Here are just four legitimate reasons why an officer is allowed to search your car:

• The officer sees drugs inside the vehicle while the officer is standing outside of it.
• You've given the officer reason to believe you might have a weapon on you, which can allow the officer to search your car in certain circumstances.
• You gave the officer permission to search your car.
• The officer secured a warrant to search your car.

Regardless of the potential "legitimacy" of these types of searches, a car search can still be successfully challenged. For example, can the officer truthfully testify that he saw drugs under the passenger's seat by looking through your car's window? What led the officer to feel threatened, and was it enough for a reasonable officer to really think his safety was at issue? Did the officer force open the car's trunk over your objection or silence? What did the warrant authorize the officer to do, and what did the officer actually do?

Where and how were the alleged drugs found?

An experienced drug attorney will question the basis for the search, as well as how the search was conducted.

If the officer's search of my vehicle was proper, can an attorney successfully challenge the evidence against me?

Yes. For instance, the chemical identity of any drugs allegedly found in your car must be confirmed by laboratory testing. As another example, the chain of custody for the evidence must be fully documented and unbroken. In addition, samples of the evidence should be made available for independent testing arranged by your drug possession defense attorney.

What are the potential penalties I'm facing?

The severity of a drug possession charge, and its potential penalty, depends upon the identity of the controlled substance, and its total weight. In Ohio, possession of marijuana is usually prosecuted as a minor misdemeanor, unless there was a significant quantity or evidence that you were engaged in trafficking it. But while most Marijuana cases are misdemeanors, almost any weight of cocaine or heroin is treated as a felony offense.

April Campbell of Campbell Law, LLC has handled thousands of drug cases; at indictment, in the trial court, and on appeal. To find out if she can help you in your drug case, call (614) 356-8515 or schedule a free consultation online.

Basic drug trafficking penalties

A person convicted of drug trafficking under Ohio state law receives stiff penalties: jail or prison time, criminal fines, and an automatic driver's license suspension, to name a few. Personal property, such as cash or cars, used while committing the offense can also be seized and not returned.

Anyone facing trial for drug trafficking needs representation from an experienced and tough Columbus criminal defense attorney who knows how to handle drug cases. Why? For one, the penalties are often mandatory. For another, maybe more so than in any other type of charge, drug charges are often wrought with issues in the way an officer handles the investigation - issues that may lead to evidence being suppressed. You'll want an attorney experienced in drug crimes who will know how to spot and argue the issues particular to your case.

The Details

What is drug trafficking?

Drug trafficking is a felony in Ohio. The exact penalty depends on the type of drug involved, the amount (meaning weight) of drug involved, and the circumstances involved. To explain the last criteria briefly without getting too technical, trafficking near a school and providing drugs for a person younger than 18 bring stiffer penalties than trafficking out of one's home, or selling drugs to an adult.

Drug trafficking charges do not just apply to those who "sell" drugs. Instead, a trafficking charge can be brought against anyone suspected of packaging to sell, gifting, shipping, transporting, selling, trading, preparing, or distributing a substance defined as a controlled substance under Ohio law. You can learn more about what counts as controlled substances here. A brief list includes:

• Amphetamines, including prescription AD/HD medications
• Cocaine
• Ecstasy
• Heroin
• LSD
• Marijuana
• Methamphetamine
• Prescription antianxiety medications like Xanax
• Prescription painkillers like OxyContin and Vicodin
• Prescription sedatives like Ambien
• Steroids

As a crime, trafficking encompasses more than drug dealing, which is really just selling or bartering. Trafficking also covers actions like advertising on websites and arranging sales with a cellphone. A person who portions out doses of a controlled substance can face a trafficking charge, as can someone who is found with a controlled substance in their car.

Why does the amount of drug, or the type of drug matter?

Key to a trafficking charge and its potential penalty is (1) what type of drug is found; and (2) how much of that drug police find. An Ohio drug trafficking penalties attorney can explain all the differences. Essentially, trafficking any amount of anyputs a person at risk for a felony prosecution. The degree of the felony increases with the weight or dosage of the drug seized.

As an example, here's a generalized difference between marijuana and cocaine: A few grams of marijuana will generally be treated as a low-level fifth degree felony punishable by up to a year in jail and a $2,500 fine. Trafficking a kilogram of cocaine will be treated as a first-degree felony punishable by up to 11 years in jail and $20,000 in fines.

Special Note on Marijuana and Drug Trafficking:

You might be surprised to see marijuana listed as the type of controlled substance that is serious enough to have such stiff penalties. With all the recent fuss in the media about legalization of marijuana, its easy to become confused about the law when it comes to this specific drug.

Just know that while possessing it in smaller amounts is usually just a minor misdemeanor, trafficking it is a felony. And "trafficking" means not only selling marijuana, or packaging it - but also "gifting" marijuana as well. Know that "gifting it" in the amount of twenty grams or over is not a misdemeanor-it's a felony.

Furthermore, cultivating marijuana is also a separate charge, and a serious offense. And even if you're just possessing a small amount of marijuana, know that you are still subject to a driver's license suspension if you get convicted of that charge.

Contact Campbell Law if you've been charged with a marijuana offense.

What does the driver's license suspension entail?

A convicted drug trafficker loses their personal driver's license and any commercial driver's license they hold for at least six months. And depending on the degree of your charge, your license could be suspended for even longer.

What types of property can be seized?

Cars, homes, industrial equipment, household items such as scales and baggers, and money are subject to seizure and destruction or sale. Police will often impound a suspected trafficker's vehicle immediately. Getting it back, even after being found not guilty, can be difficult.

What does it mean for a drug trafficking penalty to be mandatory?

Federal laws have recently been changed to reduce mandatory minimums for many drug offenses, especially those related to crack cocaine. Ohio law has not been altered in the same way. This means judges in state courts usually have little discretion when pronouncing prison terms and criminal fines for drug traffickers. They must impose exactly the penalty set by statute.

Consult a Drug Trafficking Lawyer in Columbus, OH

Successfully fighting an Ohio drug trafficking conviction requires challenging police procedure, evidence handling and interpretation, charging strategies, and witness testimony. The defense attorney must be fully involved in the case, and fully invested in her client, from the very first day. April Campbell, who has handled many different types of drug offenses, both at the trial level and on appeal, can provide these services for you. contact her online or call (614) 356-8515 to schedule a no-cost consultation.

Don't panic, argue, or volunteer information. It's hard to do, I know.

But here's why how you behave, and what you say, is so important: If you're nice to the police, but you also don't volunteer any information, you're own restraint goes a long way in helping you get through a DUI checkpoint without incident.

Before going into detail on all that, understand that you don't have to go through a checkpoint at all. Think about turning off the main road. Or, find another route to your destination. Whatever you decide to do, just do so without doing a U-turn, or committing any other traffic violation. This is crucial: committing any traffic violation gives an officer cause to pull you over.

So, how can you know in advance where all these checkpoints are? Ohio law requires public notice of the location and dates of DUI checkpoints, and the cordons themselves are highly visible. You'll probably notice road signs, multiple cruisers flashing their lights, spotlights, and a line of vehicles waiting to go through the checkpoint well before you find yourself between any cones.

In short, never commit a traffic violation or risk causing an accident, but drive around a DUI checkpoint if you can do so safely.

Stop, Show Your License and Registration, and Stay Quiet

If you can't skip the routine, do these things: stay polite. Stop when and where instructed. Roll down your window. Hand over your license and insurance. Why? Because the officers will be watching and listening for signs of possible intoxication. That's the whole point of the checkpoint: to look for slurred speech, fumbling with paperwork, dilated pupils, bloodshot and glassy eyes, etc.

So, keep cool. Don't go into a long explanation of where you're headed to. Don't become talkative. Don't act nervous, or fidgety, because these actions could be interpreted as evidence of alcohol or stimulant use.

And don't bring up your belief that stopping people randomly on suspicion of the crime Ohio calls operating a vehicle under the influence (OVI) is a violation of your rights. Courts have ruled repeatedly that checkpoints are legal. And getting argumentative about it won't help you.

Consider Refusing Field Sobriety Tests

Columbus DUI/OVI defense attorney April Campbell details the tests police use to detect possible drug and alcohol use here. You do not have to agree to perform any of them. Your constitutional right to protect yourself against self-incrimination ensures this.

Police can take you into custody for declining a request to submit to OVI testing. They can also suspend your personal and commercial driver' license (CDL).

But police CANNOT force you to walk heel-to-toe, stand on one leg, or let them track your eye movements. Unless the officer has a warrant to test your blood, breath, or urine, the same holds true for those tests as well.

Call an Ohio OVI Attorney

You have the right to legal representation from the second you enter a DUI checkpoint in Columbus, OH. Any encounter with police or the court system is subject to strict rules that an experienced defense lawyer like April Campbell knows well and will compel law enforcement personnel to follow. Calling (614) 356-8515 or sharing your story online will become particularly important if you do get arrested and charged with OVI.

Campbell offers free consultations to potential clients, and her previous work involving cases of CDL suspensions makes her adept at representing people who lose their driving privileges.

Losing your license sucks. And getting charged with operating a vehicle under the influence of alcohol or drugs (OVI) puts you at serious risk for losing it.

An officer who issues the charge and makes the arrest can immediately seize your license if you

• Register a blood alcohol content (BAC) of .08 or higher
• Register a BAC of .02 or higher while being under the age of 21
• Register a BAC of .04 or higher while driving a commercial vehicle like a tractor-trailer or delivery van
• Refuse to submit to blood, urine and breath tests for alcohol and drug use
• Have prior convictions for OVI in Ohio or for driving under the influence (DUI) in another state
• Have a prior conviction for refusing chemical OVI/DUI tests

This kind of seizure of your license is called an administrative license suspension. It will remain in effect for at least 30 days, unless you successfully contest it. And, your license can be suspended even longer if you get convicted of drunk or drugged driving.

You Don't Have to Lose Your License

You can request to have your administratively suspended license reinstated . By law, your very first court hearing must be held within five days. It is your right to have a Columbus OVI license suspension attorney represent you at that time. And that's a right you should exercise.

A criminal defense lawyer who has helped many other OVI/DUI suspects will know how to best present your case for retaining driving privileges until your trial. Also, if your commercial driver's license (CDL) is in jeopardy, you will need legal assistance from an attorney who knows how to petition the Ohio Bureau of Motor Vehicles (BMV) for CDL reinstatement. That agency, rather than the courts, handles many matters involving commercial drivers.

You May Need to Accept Some Driving Restrictions

Neither courts nor the BMV are inclined to hand licenses back to DUI/OVI suspects. You can win a dismissal of a drunk driving charge at trial, yet still spend months being unable to drive legally, unless you succeed in having an administrative suspension lifted.

One solution to this dilemma is to accept reduced driving privileges instead of going without a valid driver's license altogether. A judge or BMV hearing officer has the discretion to let an OVI suspect drive for work, legal, medical, and other specific purposes. Speak to an OVI/DUI license suspensions attorney about this possibility.

Let Campbell Law Help You Keep Your License

April Campbell spent many years handling suspension cases brought before the BMV. She knows how to question OVI evidence. She also knows what to show judges to persuade them to allow you to stay on the road legally. You can call her at (614) 356-8515 to request a free consultation, or reach out online.

Do not assume being charged with OVI/DUI means you must give up your driver's license without a fight.

If you get taken into custody for suspicion of operating a motor vehicle while impaired (OVI) in Ohio, you can expect to be asked to provide blood, urine, and breath samples for testing. Here are nine things you need to know about those chemical tests for evidence of driving under the influence.

Police have the ability to test for both alcohol and drugs.

Contrary to popular belief, it isn't illegal to drink and drive. BUT Ohio law does make it illegal to drive while impaired on alcohol, drugs, or a combination of them. In other words, you can't drive drunk, stoned, and/or high.

Police often use tests to analyze your impairment: while only alcohol use registers on a breath test, both alcohol and drug use can be detected by analyzing blood and urine. A high concentrations of drugs of abuse in your system, some of which are listed below, can be a crucial piece of evidence in the state's prosecution of an OVI offense:

• Amphetamines
• Cocaine
• Heroin
• LSD
• Marijuana
• Methamphetamine
• PCP
• Salvia

Blood, urine, and breath test results justify an OVI arrest, and are used to seek convictions.

An adult driver whose tests reveal a blood alcohol content (BAC) of .08 or higher faces immediate arrest for OVI. Drivers younger than 21 have a maximum legal BAC of .02, and commercial drivers cannot operate with a BAC of more than .04. Legal blood and urine concentrations of impairing drugs vary by type.

So, if you're testing over the legal limit, a prosecutor will try to use that test to secure your conviction.

You can refuse requests to participate in blood, urine, and breath tests.

You don't have to consent to a test an officer wants to perform on you. You can invoke your right not to self-incriminate yourself. And, you also have the right to contact a Columbus DUI breath test attorney before consenting to any chemical test for alcohol or drug use.

But if you refuse to consent to a breath test, there are consequences. So know them.

Ohio law authorizes police to immediately seize and suspend the driver's license of any OVI suspect who refuses a breath test. And you can even be charged with a separate type of OVI offense, if you refuse to submit a breath test when you've been convicted of an OVI-related offense before.

You can read more about these types of administrative license suspensions and how to contest them on this Campbell Law webpage.

You cannot cheat a test.

Worse than failing, any attempt to foul a sample or tamper with a device may raise suspicions regarding your state of intoxication. So, don't try to "beat" the test.

If you do consent to a test, tell the officer and testing technician about any medications you take.

Many prescription medications contain the drugs that blood and urine tests are designed to detect. Others have active ingredients that mimic the effects of those drugs. For instance, some attention-deficit and sleep disorder medications contain amphetamines, while high doses of several pain meds can produce the same physical effects as heroin.

You do not need to test "positive" to get arrested and convicted for OVI.

Even though officers have these tests at their disposal, they don't always use them. And, the fact that you weren't tested does not mean you can't get convicted. There are different types of OVI offenses. And they don't all require a blood, breath, or urine test to secure a conviction.

Along with a blood, urine, or breath test, a judge or jury will consider other evidence as well: from testimony of an officer who made the arrest, to the video of how you performed while taking field sobriety tests, to testimony from testing facility personnel or other witnesses about your impairment.

You should not assume that the test an officer administers will be allowed to be used in the case against you.

For example, the results of a portable breath test-a breath test that a police officer administers on scene-shouldn't be used in court. Instead, only chemical tests performed in state-permitted facilities (usually hospitals) produce results that can actually be used against you. So if you're asked to submit to a portable breath test, it's only use is for the benefit of the police officer, to help the police officer make a decision on whether you will be arrested.

Also, for a chemical test to be used against you, the police officer must demonstrate that he fully explained certain things to you, even if you have consented.

And, if you don't consent, then any test can usually only be obtained from you if that officer has search warrant.

Blood, urine, and breath test results can be challenged.

A Columbus, Ohio DUI defense attorney will review how the tests were conducted, have the testing equipment evaluated for accuracy, and collect and present any other information that explains why a test result may be incorrect.

If you need help with an OVI case, contact Campbell Law today to request a no-cost consultation. You can also learn more about chemical tests by visiting this webpage.