are the results admissible in court if the test did not follow Ohio Department of Health guidelines applicable to police DWI body-substance tests?
• Is the admissibility of results from a body-substance test that did not meet ODH standards affected by whether the defendant is charged under a per se provision for driving with a presumptively illegal blood-alcohol content, or charged under the general driving under the influence provision for which a driver’s precise blood-alcohol level is not dispositive of guilt or innocence? BACKGROUND: Around midnight on Nov. 19, 2000 , John Mayl’s pickup truck crashed through a row of traffic barrels in a construction zone on I-75 in Dayton and fatally injured construction worker Lorna Dinges, pinning her between his vehicle and a parked dump truck. Mayl, who also suffered injuries in the crash, was transported to Miami Valley Hospital , where an emergency room nurse took a sample of his blood for medical purposes within two hours of the accident. The nurse hand carried the vacuum-sealed sample to an in-house laboratory, where a technician conducted a standard enzymatic assay and determined th
