Legal Question in DUI Law in Ohio

My younger brother was pulled over in September because of an anonymous tip about him driving drunk. He passed the breathalyzer but was required to submit a blood test. Two days ago he was served with the results which showed evidence of drugs in his system. Is 5 months too long after the initial stop to serve him? He was told 3 weeks was the turnaround. He has since cleaned up his act, moved away from where he was living and taken a full time job in his new location. Prior to moving , he called the police station and asked if anything was pending and there was nothing on file regarding the initial stop other than the transcript from the tip line.


Asked on 2/12/14, 6:54 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, a blood or urine test does typically come back within two to three weeks. While the State of Ohio does have a Speedy Trial Act, these deadlines typically don't kick in until the person is arrested and formal charges brought. There is also the 6th Amendment's right to a speedy trial, but many of those rulings require longer than a 5 month delay. Your brother could argue that his is a special case since the police knew he was moving but still delayed and did nothing for all that time, and now he must suffer the consequences of traveling back to the trial. Some questions about what the police were doing during that 5 month delay might swing the court on the issue as well.

But the likeliest outcome is that he is going to have to stand trial on the charges. However, if they did a urine test and they are charging him with drugs in the system (usually marijuana) that is problematical for the prosecutor since the metabolites can stay in his system for up to 30 days while the marijuana intoxication typically dissipates after a few hours.

Read more
Answered on 2/12/14, 7:05 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Ohio