NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

The officer will then explain the consequences of taking and refusing the requested blood
test.
If the driver refuses the requested blood test, the officer will charge the driver with the
appropriate section of C.O. 333.01(A) or equivalent state charges and any other charges
relating to the case, place the driver under an ALS, and summon the driver into court
within five days.
If the driver agrees to submit to a blood test, the investigating officer will request the
treating medical personnel to draw blood serum or plasma for analysis, ensuring that
alcohol swabs are not used prior to the withdrawal of blood. The investigating officer will
indicate on the arrest report the name of the nurse or doctor who draws the blood. The
investigating officer may withhold filing charges until the results of the blood serum or
plasma test(s) are known. If the defendant has been found guilty of a previous OVI or
reckless operation within six years of his/her arrest, the arresting officer will file the OVI
related charges under state code. The court date given will be within five days of the
arrest (see Ohio Department of Public Safety Technical Handbook on Ohio’s DUI Laws).
If blood is collected at a medical facility, the officer responsible for collecting the evidence
will follow the proper chain of custody procedures. The officer will secure the evidence in
a container and indicate on the back of the hard copy on the property receipt form the
nurse’s or doctor’s name that drew the blood serum or plasma and the date it was
collected.
If the defendant has three previous convictions for OVI within the last six years of his/her
arrest, the arresting officer will file a Felony OVI charge. In making the determination of
how many convictions the defendant has in the last six years, the officer shall use the
past conviction dates and not the offense dates. The arresting officer should reference
the Ohio Department of Public Safety Technical Handbook on Ohio’s DUI Law and shall
follow the additional steps list below:
1. The F-5 OVI charge is to be on a Municipal Criminal Complaint form.
2. As with all felonies, the defendant must be fingerprinted. The ITN number from the
print card must be indicated on the U-10-100.
3. The arresting officer must complete a Grand Jury Packet. Typically, the packets are
requested by the Grand Jury within days of the arrest. Therefore, they should be
completed as soon as possible.
4. The Grand Jury Packet must include proof of the prior convictions. LEADS printouts
are not sufficient. The requirement of proof can be satisfied by having the court that
heard the prior cases fax the arresting officer a copy of the case dispositions.
5. If a vehicle is being seized, the defendant is to be provided a copy of the seizure
notification (forfeiture notification) at the time of arrest. The defendant must be the
registered owner for a seizure, forfeiture, or immobilization of the vehicle to apply.
6. Vehicles seized/forfeited as a result of an OVI arrest are criminally forfeited by the
State rather than seized by the County Seizure Unit. Accordingly, the appropriate
boxes shall be marked on the BMV Form 2255.
If an officer collects urine from a defendant, he/she will use the Safetex containers which
are stored in the slating area. Officers collecting urine from a defendant of the opposite
sex will request a same sex officer or civilian police employee to collect the urine sample.
The officer will instruct the defendant to place the container in a location as specified by
the officer after at least 30 ml of urine has been collected. Once the defendant places the
container at the location requested, (with protective gloves on), the officer will retrieve the
container, securing it with the lid provided. The officer will fill out the information on the
security seal. The officer will then place the seal over top of the container and place the
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