NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

container in the plastic bag provided. The plastic bag will be sealed with the blue self
adhesive strip and placed in the Safetex box. The officer will close the box, initial the
yellow box seal, and place it in the area that reads Place Security Seal Here. Blood
serum, plasma, and urine samples collected will be transported to:
The Ohio State University Reference Laboratories
680 Ackerman Road, Bldg. 4 (Suite D405)
Columbus, OH 43202
If the investigating officer has reasonable grounds to believe that an operator of a motor
vehicle was impaired by alcohol and/or drugs at the time a crash occurred where there
was a fatality or is likely to be a fatality or the operator is unconscious or otherwise in a
condition rendering him/her incapable of determining whether or not to submit to a
blood alcohol test, the investigating officer will request the treating medical personnel to
draw blood from the operator for analysis. The investigating officer will complete the
OVI/Accident Medical Condition Form (PD-99-126) (Addendum B).
An officer investigating a fatal traffic crash or a traffic crash that may result in a fatality will
not file OVI charges. Charging a defendant with both OVI and vehicular homicide
constitutes double jeopardy. Upon consultation with a prosecuting attorney, an operator
who is found to have been impaired at the time he/she was involved in a fatal traffic crash
will be charged with vehicular homicide.
E. Offenders Driving Commercial Vehicles
If a driver of a commercial motor vehicle has a measurable or detectable amount of
alcohol about his/her person or the driver is believed to be under the influence of a
controlled substance, an officer will request the driver to submit to a standardized field
sobriety test as described in Directive 2.1.9 (A).
If, after completion of the field sobriety tests, the officer has probable cause to believe the
driver is under the influence of alcohol and or a controlled substance, the driver will be
informed that his/her commercial vehicle will be placed out of service for twenty four
hours and he/she will be detained for further investigation. If the driver tests .01 to .039
BAC, he/she will receive a 24-hour out-of-service order entered into LEADS (per LEADS
6.2.3).
Before administering a chemical test, the defendant will be provided a copy of BMV Form
2255. BMV Form 2255 section §4511.19 and §4506.17 will be read and shown to the
defendant while in the presence of a witness. The officer will then explain section A and
section B that applies to operating a commercial vehicle. The officer will then request the
defendant to submit to a breath test. If the result of the breath test indicates a .04% BAC
or higher but less than .08% BAC, the officer will seize the defendant’s driver’s license
and charge the defendant with the appropriate section of C.O. 341.05 (A). In the event
the defendant tests .08% BAC or higher, the officer will charge the defendant with the
appropriate section of C.O. 341.05 (A), C.O. 333.01 (A), and ALS will apply. If the
defendant had a measurable amount of alcohol by breath and the result of the test was
less than .04% BAC, the officer will charge the defendant with the appropriate section of
C.O. 341.05 (A).
If the driver of a commercial vehicle refuses a requested test, the officer will seize the
commercial driver’s license and charge the defendant with the appropriate section of
C.O. 341.05 (A). The defendant will be advised that the commercial vehicle will be out of
service for twenty- four hours and ALS will apply. The court date given will be within five
days of the arrest.
F. An officer is required to complete BMV Form 2255 for all persons arrested for OVI. If a
juvenile (seventeen years of age or younger) has a test of .019% BAC or lower, the BMV
Form 2255 does not need to be completed.
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