Controversy Surrounds Proposed DUI Legislation

Proposed DUI Legislation (Added: July 01, 2009)

A proposed change to Ohio's driving-under-the-influence laws centers on who can take blood as evidence. (more)

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Controversy Surrounds Proposed DUI Legislation

Senate Bill 58, proposing blood to be drawn from DUI suspects at the scene of the violation, receives both strong support and strong opposition.

By: NBC4i Staff | NBC4i.com
Published: July 01, 2009

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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