In a nearly stealth manner, the Ohio General Assembly passed an amendment to Ohio's DUI code that will allow courts to admit evidence containing drug and alcohol test results from any healthcare provider. This new law has three contingencies.
- The State must supply an expert who can testify by translating the evidence into language the average layperson can understand.
- The State has to show proof that the evidence was obtained lawfully
- The State must comply with all regulations set forth by the Ohio Department of Health
Last August, Ohio law expanded the time limit to secure a bodily substance from 2 hours to 3 hours (calculated from time of operation of the vehicle).
Before H.B. 461 was passed, only healthcare providers who had permits from the Ohio Department of Health Lab Director could supply this evidence.