Ohio DUI Blood Test Suppressed Because Defendant Not “Under Arrest”

When an individual is charged with an Ohio DUI/OVI state law dictates that the arresting officer must read a state approved form to the individual.  Among other information, this form states that the individual is under arrest.  However, the Ohio Supreme Court has already established a four pronged test of when an individual is under arrest.  The state must show: 

(1)    An intent to arrest,

(2)    Under real or pretended authority,

(3)    Accompanied by actual or constructive seizure or detention of the person, and

(4)    Which is so understood by the person arrested.

Recently, an Ohio Court of Appeals ruled that the state approved form, Ohio BMV Form 2255, does not sufficiently place an individual under arrest.  The above mentioned factors must also be established.  The court ruled that a valid arrest must precede the officer’s efforts to obtain a blood, breath, or urine sample.  If a valid arrest is not made your attorney may argue that any blood alcohol test result should be suppressed.