New Ohio DUI Law Effective Jan.1, 2007

Posted by Brad Koffel, January 31, 2007

H.B. 461 modifies recent Ohio Supreme Court cases making DUI prosecutions easier.

In a nearly stealth manner, the Ohio General Assembly passed an amendment to Ohio's DUI code permitting a court to allow evidence of alcohol or drug tests from "any health care provider".  However, there are 3 conditions to admissibility of this evidence:

1.  The State must have an expert testify as the lay meaning of this evidence

2. The State must prove that law enforcement obtained the results legally (i.e. follow strict, written procedures or through a search warrant)

3. Each and every Ohio Department of Health regulation must be met. 

Last August, Ohio law expanded the time limit to secure a bodily substance from 2 hours to 3 hours (calculated from time of operation of the vehicle).

Prior to this amendment, only health care providers with Ohio Department of Health Lab Director's permits could produce evidence against an accused impaired motorist.