Controversy Surrounds Proposed DUI Legislation
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Proposed DUI Legislation
A proposed change to Ohio's driving-under-the-influence laws centers on who can take blood as evidence.
NBC 4
Senate Bill 58, proposing blood to be drawn from DUI suspects at the scene of the violation, receives both strong support and strong opposition.
COLUMBUS, Ohio—A proposed change to Ohio’s driving-under-the-influence laws centers on who can take blood as evidence.
One state lawmaker wants blood samples taken by emergency medical technicians to hold up in a court of law, but some argue the legislation is unnecessary and will convolute the process.
NBC 4 reported with BOTH SIDES of the story
Senate Bill 58, which proposes blood to be drawn from DUI suspects at the scene of the violation, has received both strong support and strong opposition.
Senator Tim Grendell (R) 18th District wants blood samples of DUI suspects collected by EMTs to hold up in a court of law.
Grendell said law-enforcement agencies would have the option of calling in an EMT to draw blood at the scene, if the suspect has two previous DUI convictions.
Grendell said the hard evidence of the blood test is necessary to increase convictions and reduce repeat offenders.
Attorney Brad Koffel said putting EMTs in the new position would land them on a witness list and possibly take them off the streets. This would affect their ability to service emergencies.
Koffel, of Koffel and Jump, said there is no proof that more convictions will lead to fewer drunk drivers.
In fact, Koffel said the threat of the blood draw will not get rid of the emotional attachment or chemical dependency to alcohol that many repeat offenders have.
He said the legislation doesn’t limit blood tests to repeat offenders only and said it should be more narrowly tailored.
The Ohio Emergency Medical Services Board released a statement, saying that withdrawing blood for the purpose of evidence falls outside the scope of an EMT’s job.
Grendell said the law wouldn’t force EMTs to draw blood; rather, it would allow the evidence to stand in court.
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Reader Reactions
hiccup
There is no way to stop repeat DUI offenders, unless they want help. Alcohol can take over lives just like other hard core drugs, and while on it judgement is seriously impaired. The only way to decrease the number of offenses is to shut down bars. Otherwise, they will be jailed then release only to drink thier troubles away once again.
maybe they need to come up with a device much like the ones used to test blood sugar that could be used to test for blood alcohol content.
If this gives prosecutors another tool than I’m all for it. You may question why it should be done at the scene when it can be done in the hospital well let me give you an example.
My sister-in-law was killed by a drunk driver who hit her head-on on US 30 by Mansfield. The driver walked away from the scene and waited around with a punctured lung until six hours had passed and he could go to the hospital because a blood test would now be inadmissible. Obviously it wasn’t his first offense and he didn’t even have a driver’s license anymore.
What we need is a way to ensure that repeat offenders do not drive anymore. If there is a solution other than prison then I don’t know what it is.
Jello there are all kinds of reasons why you may have to wait for an EMT. Court appearances are scheduled days (usually weeks) ahead of time. Its called a subpoena. They aren’t going to call the firehouse and tell so and so they are needed in court in 30 minutes. They aren’t going to stop CPR on old Ms. Jenkins down the street and head to the courthouse. That doesn’t happen. That’s not how it works. That lawyer talking about taking paramedics off the streets is full of it. He’s trying to keep those EMTs from more responsibility. I don’t blame him. I guess that’s his job. EMTs work 24 hour shifts. Assume they work on Monday and Thursday. That leaves Tuesday, Wednesday and Friday available for testimony. 30 seconds of math tells you its more likely they will have to testify on their day off and no service will be compromised. But therein lies the problem. Now you have to pay him/her to work on their day off.
If I call 911 for an emergency and have an extended wait time for an available EMT because some of them are busy testifying in court, I’m gonna be pretty ticked off.
“Blood gets drawn at hospitals for anyone refusing a breath test so there isn’t a need to have an EMT do it immediately.“
That isn’t necessarily the case. It only happens with consent from the offender or a warrant, or if the offender is unable to give their consent (incapacitated). Just because someone goes to the hospital doesn’t mean they are getting a blood draw, even if the police want one. And even then time is a factor. A refusal of breath/blood test will get your license suspended. Habitual offenders in the past used this to their advantage. They refused the test and took their suspension. Usually they were already suspended so it didn’t matter. The recent change to the OVI laws allowed forced consent of habitual offenders without a warrant due to the unique circumstances, i.e. the destruction of the evidence as time went by. I don’t think EMTs should be dispatched solely to draw blood. That isn’t their purpose. But if they are there already who cares. Are those big strong EMTs and firefighters scared of the witness stand?
Addiction is a disease and if the lawmakers really want to make a dent in drunk driving then they should make treatment manditory with required follow-up testing. Maryland has done this and is having a lot of success with their program. It is also reducing costs for the state by diverting people with a disease to treatment rather than prison.
I think they would only draw a blood sample if you were injured in the crash and are being taken to the hospital for treatment. That way they can get yoour blood before you sober up by the time your treatment is done.
If you are awake and alert they can just have you blow.
I don’t do needles either, I pass out every time I get a shot, or even think about it too hard. Many a funny stories,
but I have huge issues with Dueys, anything that will help get a conviction on these losers is cool with me.
If the issue is really about blood tests standing up in court - why bother with the addition of having EMTs come to the scene?
Blood gets drawn at hospitals for anyone refusing a breath test so there isn’t a need to have an EMT do it immediately.
This policitian wants us believe the issue revolves around stability of evidence in court. Yeah right.
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