The testing process that law enforcement officers in Ohio must follow to attempt to determine if you are under the influence while driving is highly regulated. Ohio statutes require the officer to perform the testing steps in order as well, such as performing field sobriety tests before asking you to take a preliminary breath test. If officers failed to test you in a manner consistent with the law, our DUI law firm may be able to use this as part of our defense strategy.
Field sobriety tests (FSTs) are a series of tests that are intended to measure a person’s balance, coordination, cognitive function and ability to follow directions.
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Preliminary Breath Testing (PBT), also know as Portable Breath Testing is a roadside test that police officers, sheriff’s deputies and state highway patrolmen use to get an estimate of the driver’s blood alcohol content.
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If an Ohio police officer, sheriff’s deputy or state highway patrolman decides to arrest a driver for OVI, the officer will then typically transport the suspect to the police station for a breath test.
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Urine tests are typically used when the officer believes a suspect is under the influence of a controlled substance, rather than alcohol and these tests are often utilized as a part of a Drug Recognition Evaluation or DRE.
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In Ohio, blood tests are either administered by: (1) a crime laboratory; or (2) a health care provider and under certain circumstances, a person can be forced to give a sample when they are arrested for an OVI offense.
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How do Ohio Police Officers, Sheriff’s Deputies, and State Highway Patrolmen ascertain your Blood Alcohol Concentration (BAC)? By testing your breath.
Learn More About History of Breath Testing Machines
Currently there are five different machines approved for breath testing in Ohio. They are the (a) BAC DataMaster; (b) Intoxilyzer 5000; (c) Intoxilyzer 8000; (d) Intoxilyzer 9000; and (e) Intox DMT.” All associated pages need to reflect that there are five machines, not three.