AKRON, Ohio (AP) -- At least one drunken driver has avoided a possible prison sentence following an Ohio Supreme Court ruling that prevents prosecutors from using blood tests taken by some hospitals as evidence.

Molly Wagner, 22, of Akron, got probation instead after prosecutors learned that blood samples showing alcohol and cocaine in her system were improperly obtained because Akron General Medical Center does not have a state certification for such testing.

Only 6 percent of all Ohio hospitals have sought certification from the state health department to conduct such tests for law enforcement purposes.

Many hospitals won't seek certification because of a reluctance to have employees testify about the test results, said Michelle LoParo, spokeswoman for the health department.

''There's a lot of concern about giving up staff time to testify,'' she said.

Clermont County Prosecutor Donald White, president of the Ohio Prosecuting Attorneys Association, said either the law needs to be changed or all hospitals must be certified. He didn't know how many DUI cases might be affected by the high court's ruling.

Akron General Medical Center does not intend to seek certification, said spokesman James Armstrong. Health care workers will continue to draw blood and turn the samples over to police, if ordered by a judge, he said. Police then can have a certified lab do the testing.

The Supreme Court ruled 4-3 in September that blood evidence must be tested at labs certified by the state health department.

The decision was pointed out just days later in a motion filed by Wagner's attorney and prosecutors didn't even ask for a hearing to argue the point.

''It was frustrating, but we had to concede. The case was right on point,'' said Greta Johnson, an assistant prosecutor in Summit County.

Without the blood tests, she said, the state's case against Wagner was severely hampered and prompted plea negotiations. Last month when Wagner pleaded guilty to aggravated vehicular homicide in the death of Jacqueline Bryan, 21.

Typically, defendants guilty of aggravated vehicular homicide receive a prison sentence somewhere between the minimum two-year and maximum eight-year term.

Judge Patricia A. Cosgrove sentenced Wagner to five year's probation and ordered her to stay in a residential treatment center for six months. She suspended Wagner's license for life.

Wagner's attorney, James Burdon, said the Supreme Court's ruling helps ensure fairness across the state.

''It's not a secret that there are bad hospitals, good hospitals, bad doctors and good doctors and if we have one uniform standard for testing, then it is more trustworthy,'' Burdon said. ''Molly Wagner did not catch a break. She received a disposition that was justified under the circumstances.''

Bryan's family was disappointed when told that Wagner's blood-alcohol content could not be used in court.

''The bitter grief of our family is not caused by a Supreme Court decision, but by the cruel death of our young, talented daughter,'' said John Bryan, the victim's father. ''We are still fighting through our anger, our grief and our loss. It does seem that all hospitals should follow the same procedures, but this is something that ought to be corrected by others.''