Ohio has new DUI provisions that went into effect yesterday. (SB 8)
Of significance is that the new provisions include modifications regarding the use of chemical test results as evidence in now providing that “in any criminal prosecution or juvenile proceeding… the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of controlled substances, or combinations of any of them in the person’s whole blood, serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation (increased from two hours)..”
Here related is that “if an arresting officer requests a person under arrest … to submit to chemical tests, that person must (comply) within two hours of the time of the alleged violation, and if that person does not (comply) within that two-hour time limit, the failure to do so constitutes a refusal to submit and specifies that the three-hour time limit (described above) regarding the admission of evidence does not extend or affect this two-hour limit specified as the maximum period of time during which a person may consent to such chemical test or tests.”
Ohio Legislative Service analysis
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