DUI cases with breath testing are more challenging than ones without. A good DUI defense lawyer knows how to utilize the defense strategies included on this page in DUI breath testing cases. If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI and a good lawyer can often prevent that from happening. The best Ohio DUI lawyers are familiar with the following breath testing defense strategies and will be able to determine if they will be helpful in any given case.
Ohio DUI/OVI Defense Strategy That Works: Some Ohio Breath Testing Machines Must Be Properly Tested on a Weekly Basis
Top DUI lawyers know that in Ohio, a senior operator must perform an instrument check on certain breath testing machines once every seven days in accordance with the appropriate machine checklist. Each machine check may be performed anytime during the stated seven-day period, however, Ohio regulation specifies that each machine check must be within one hundred and ninety-two hours from the last instrument check. If a DUI driver submitted a high breath test, an Ohio lawyer experienced in DUI/OVI defense can present this issue to the judge and possibly get the case dismissed.
Another DUI/OVI Strategy That Gets Results: Other Ohio Breath Testing Machines Must Be Tested and Certified Every Year
Experienced DUI lawyers know that Ohio Law Enforcement Agencies are required to certify certain DUI/OVI breath testing machine at least once every calendar year. The Ohio Administrative Code advises that a calendar year means the period of twelve consecutive months beginning on the first day of January, and ending on the last day of December. DUI/OVI breath testing instrument certifications are valid if within five one-thousandths grams per two hundred ten liters of the target value for that approved solution. DUI/OVI breath testing instruments with certification results outside the range specified will require the law enforcement agency to stop using the machine until it is properly repaired. If the police took a breath sample that was over the legal limit, consider retaining an Ohio DUI/OVI defense attorney that knows to check the certification records.
Successful DUI/OVI Defense Technique for Ohio Courts: Personnel Who Conduct Breath Testing Must Meet Basic Qualifications
A good Ohio DUI lawyer understands that a senior operator must be a high school graduate, certified law enforcement officer and demonstrated that she can properly care for maintain, perform instrument checks upon and operate the DUI/OVI breath testing instrument by have successfully completed a basic senior operator course. An Ohio operator must be a high school graduate, certified law enforcement officer and demonstrated that she can properly operate the breath testing machine by completing a basic operator course. An experienced Ohio DUI/OVI defense lawyer may be able to get the case dismissed if the operator wasn’t qualified to run the DUI breath testing instrument.
Another Solid DUI/OVI Defense Strategy in Ohio: Personnel Who Conduct Breath Testing Must Hold Valid Permits for DUI/OVI Breath Testing Machines
The best Ohio DUI attorneys understand that Ohio Law Enforcement Personnel who act as senior operators or operators on certain DUI/OVI breath testing machines must obtain permits from the Ohio Director of Health. The permits last for one year and may be renewed on an annual basis. However, other Ohio DUI/OVI breath testing machines require operator access cards. These are a different type of permit that do not expire. If you submitted a high breath test result in a DUI/OVI case, the best Ohio DUI/OVI attorneys can verify whether or not the operators held proper permits.
Proven DUI/OVI Defense Strategy That May Get an Ohio DUI Dismissed: Personnel Who Conduct Breath Testing Must Collect the Sample Within Three Hours of the Violation.
Top Ohio DUI lawyers recognize that police Officers, Sheriff’s Deputies and State Highway Patrolmen are under a strict three-hour limit when collecting an DUI/OVI driver’s breath sample in Ohio. The three-hour period commences at the exact time of the violation as opposed to the time of arrest. If the test is not conducted within the three-hour period, it may be excluded from evidence in the suspected DUI driver’s trial. A good Ohio DUI/OVI defense lawyer knows this regulation well and looks for it in every DUI/OVI breath testing case.
Another Solid DUI Defense Argument for Ohio cases: Personnel Who Conduct Breath Testing Must Observe the Driver for Twenty Continuous Minutes Before the Test to Ensure Nothing is Ingested Orally.
An experienced DUI lawyer understands that law Enforcement Officers who administer Ohio breath tests in are required to observe a suspect for twenty minutes prior to the test to ensure the driver doesn’t ingest anything that could impact test results. This observation period is required to ensure that the sample actually came from the subject’s deep lung air, as opposed to something placed in his mouth before the test. For example, ingesting alcohol in the minutes preceding a breath test will skew the results of a DUI/OVI breath test significantly upward. This is another defense technique that good Ohio DUI/OVI lawyers use on a regular basis.
Ohio DUI/OVI Defense 101: The Breath Testing Machine Must Be Tested for Radio Frequency Interference
The best Ohio DUI lawyers know that Ohio’s DUI Breath testing machines can be subject to interference from police radios. As such, breath testing devices need to be checked for radio frequency interference using the type of radios used by the law enforcement agency where the DUI breath test is given. If a radio frequency interference check was not performed on the breath testing machine, the test results may be invalid and inadmissible in the DUI driver’s trial. If you provided the police with a breath sample that was over the legal limit, consider retaining a top Ohio DUI/OVI lawyer that knows where to look for these records.
Emerging Defense Strategies for Ohio DUI/OVI Cases: Ohio’s Newest Breath Testing Machine, the Intoxilyzer 8000, is Under Significant Scrutiny and Its Results May Be Unreliable.
In the past few years, some of the best Ohio DUI/OVI defense lawyers have raised numerous questions about the accuracy of the Intoxilyzer 8000. The list of known potential problems is growing and many Ohio DUI/OVI lawyers have put together credible evidence to support their cause. Some Ohio judges have agreed that the machine may be unreliable. This is a significant development in Ohio DUI/OVI law as the reliability of breath testing machines was previously not something that could be challenged in court. As of this writing, the future of the Intoxilyzer 8000 in Ohio is not certain, however, many police agencies continue to use the machine despite the ongoing problems. This issue is something most experienced DUI/OVI lawyers in Ohio will explore in every case.
Common Mistakes in Ohio DUI/OVI Investigations
No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.
Do You Want Award-Winning Ohio DUI/OVI Representation?
There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.
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