One Ohio lawmaker is proposing legislation (Senate Bill 58) that would
make it more difficult for repeat DUI offenders to refuse a breath test,
but some are worried that this plan may backfire. Specifically, allowing
law enforcement officials to draw blood from people arrested for DUI is
raising concerns. At the time of this broadcast, only blood tests administered
by doctors and nurses were admissible in court. If this proposed
DUI law goes into effect, it could allow paramedics to administer blood tests
in DUI cases to be presented in court as well.
Attorney Brad Koffel was featured in this broadcast and stated that this law would create an
unintended loophole, that is, testing someone’s blood at the unsterile
scene of a DUI arrest could result in inadmissible evidence.