Is Blood Alcohol Test Taken Outside DUI Time Limit Admissible in Vehicular Homicide Case?
State of Ohio v. Michael Hassler, Case no. 2006-1517 5th District Court of Appeals (Delaware County) ISSUE: In the prosecution of a driver for aggravated vehicular homicide under R.C. 2903.06, are the results of a blood alcohol test taken outside the time limit for admissibility as proof of a per se DUI offense still admissible as proof that the driver was “under the influence of alcohol” as proscribed by R.C. 4511.19(A)(1)(a)? BACKGROUND: Michael Hassler lost control of his car around 2:30 a.m. on Jan. 12, 2005, and crashed into a large sign. One of the supporting posts for the sign went through the windshield, fatally injuring a passenger, Leondra Mayo. While Hassler was being treated at a hospital for his own injuries, police investigating the crash suspected that he had been driving while under the influence of alcohol and asked Hassler to submit to a blood, breath or urine test. After waiting while Hassler consulted with legal counsel and then continued to delay, officers obtained
