Client drove car into a ditch and flipped the vehicle several times. When the police showed up on the scene, the paramedics were treating the client. The officer smelled alcohol on the client. Police photographed several single cans of beer and a 12 pack of beer in client’s overturned vehicle. Police followed the squad to the hospital and asked the client to submit to an alcohol test of his blood. Client refused to provide a sample of blood. The officers received the hospital’s blood draw for alcohol through an investigatory request per the Ohio Revised Code. Client tested .13 blood-alcohol.
Client was cited for OVI and Failure to Maintain Reasonable Control.
Motions were filed to suppress the blood draw obtained by the officer as illegal and to suppress the results based on the length of time from the operation of the vehicle and the blood draw.
Prior to the motion hearing, a negotiated plea with the prosecutor resulted in a conviction for Physical Control, with a 3 day alcohol school, and a $250 fine. No license suspension was imposed or points assessed. Remaining charge was dismissed.