A blood warrant, simply put, is the warrant used by the police to draw a blood sample from you without your consent. The government believes that, by forcing you to provide a blood sample, they can get you to plead guilty in your Ohio DUI case without hiring a skilled Columbus DUI lawyer to defend you. The trend of obtaining blood warrants is gaining popularity across the country with the growth of the No Refusal Weekend program. In the past, Ohio drivers could refuse a blood, breath, or urine test without fear that the police would physically restrain them and take the sample anyway. But the No Refusal Weekend is changing this. Columbus DUI lawyer Peter Binning wants you to understand how you can protect your rights if you are served with a blood warrant.
An important fact to remember is that blood warrants should only be issued if an officer has probable cause to arrest you. But we can challenge the basis for the officer’s probable cause in your pre-trial hearing. If we can show the judge that invalid or incorrect information led him or her to believe there was probable cause, then the evidence should be thrown out of court.
We can also challenge the validity of the blood test itself. Many people believe that the Ohio blood test is the most accurate test for blood alcohol concentration, but it can be argued that it is just as—if not more—unreliable than the breath test due to the number of people handling the sample, the way it was transported or stored, and the procedures used to test it.
In fact, crime labs across the country have been steeped in scandal due to their improper processes. There have been allegations of improperly cleaned or maintained machines, improper training, incorrect procedures, mishandling of evidence, or simply shoddy work caused by focusing on quantity rather than quality work.
Even if you have had your blood forcibly drawn because of a blood warrant, you can still win your case. Call the office of Columbus DUI lawyer Peter Binning today for your free case review. You only have a limited time to fight your license suspension. Call us today!