Following a person’s arrest for a DUI/DWI criminal offense, police officers will ask the accused/defendant to submit to a blood test or blood draw in which a qualified person such as a nurse at the police station or hospital will draw the defendant’s blood (usually from the arm) into a vial to be tested for alcohol concentration and ultimately to determine whether the person is per se intoxicated. Per se intoxication is intoxication by definition—as defined in the state’s statutes, which is often a blood alcohol concentration (BAC) of .08 or higher.

All states have implied consent laws that make a driver’s consent or agreement to submit to a blood, breath, or urine test (a chemical test) when requested by a law enforcement officer a condition of the driver’s acceptance of a driver’s license offered by the state. Despite implied consent laws, in 2013 the United States Supreme Court held that if a person refuses to submit to having their blood drawn the police cannot draw the blood by force without a search warrant, as required under the Fourth Amendment to the United States Constitution. But more recently the Supreme Court upheld a nonconsensual blood draw of an unconscious person suspected of driving under the influence—based on the state’s implied consent laws and the exigent circumstances exception to the Fourth Amendment's warrant requirement.

And if a driver refuses to take a blood or breath test there are other consequences even if the police do not secure a search warrant for the blood draw—including admission of the refusal in evidence at trial, fines, penalties, and automatic suspension of the driver’s license for a year or more.

In Ohio, if a person is arrested for a DUI/DWI offense, they may be asked to submit to a blood test to determine their blood alcohol concentration (BAC). Ohio law considers a BAC of .08 or higher as per se intoxication. Under Ohio's implied consent laws, drivers have implicitly agreed to submit to chemical tests (blood, breath, or urine) by accepting a driver's license from the state. Refusing to submit to a blood draw can lead to consequences such as the refusal being used as evidence in court, fines, penalties, and an automatic suspension of the driver's license for at least one year. Following the 2013 U.S. Supreme Court ruling, police officers cannot forcibly draw blood without a search warrant, except in certain circumstances such as when the driver is unconscious, where the implied consent laws and exigent circumstances may allow a nonconsensual blood draw without violating the Fourth Amendment.