Legal Question in DUI Law in Ohio

I have a prior OVI conviction in Ohio.

A few weeks ago, I wrecked my car. The car was totaled and I was seriously injured; I spent almost 3 weeks in the hospital. I was able to call 911 myself. I am almost sure that I was over the legal alcohol limit. I was given blood on the way to the hospital in the ambulance. The police have been in contact with my parents. Today, over a month later, the police called my dad and said that they were waiting on the lab results, and would forward the results to the prosecutor. My question is, I was never placed under arrest or read my Miranda rights. As far as I know, a defendant must be placed under arrest BEFORE any chemical tests are conductrd. How can I be charged with a crime? What should I expect from this situation?

Asked on 6/02/12, 12:04 pm

1 Answer from Attorneys

David Davies Law Office of David H. Davies

I hope that you are recovering from the injuries. It sounds like you have a lot to be thankful for! You are still with us, and you did not injure anyone else. That said, you could be facing a charge of OVI. The results of lab tests on your blood most likely will be admissible. The police are not obligated to read you your miranda rights in order to use the hospital lab results. The delay it getting the lab results does raise some questions.

You said that the police were in touch with your parents. Are you under 21? I would talk to an attorney directly before you talk to the police or the prosecutor again.

I am sure that you still have a number of questions but the fact that you were not read your Miranda rights is not going to be much help in this situation. You need to talk directly to an attorney. There may be some other issues that will be helpful but more information will be needed.

Good Luck to you!


D.H. Davies


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Answered on 6/02/12, 3:17 pm

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