How do Ohio Police Officers, Sheriff’s Deputies, and State Highway Patrolmen ascertain your Blood Alcohol Concentration (BAC)? By testing your breath. Breath alcohol tests measure your blood to breath ratio. In theory, the breath alcohol/blood alcohol ratio should be 2,100:1.
Since the earliest days of medicine, doctors have known that the study of human breath was important to diagnosing a patient. As such, many advocates argue that breath is one of the most accurate ways to measure someone’s BAC. This is because blood flows through the lungs, where gas is exchanged. The molecules from the alcohol in the blood are transferred to the lungs and expelled during breathing.
The first breath test for alcohol was developed in the 1930’s by Dr. R. N. Harger. It was appropriately named The Drunkometer. Subsequently, in the 1940’s, the Intoximeter was invented by Glenn Forrester and that was followed by the Alcometer, invented by Professor Leon Greenberg. All of the machines measured the breath alcohol to blood alcohol levels of lung air samples.
Before these breath-testing devices were invented, the only way to determine BAC was through blood or urine testing, both of which were expensive and time-consuming. In the 1950’s, an Indiana police officer named Robert Borkenstein invented a machine called the Breathalyzer. Due to its portability, the device quickly became popular at police departments across the country.
The early breath testers obtained samples by requiring the individual to blow up a balloon. This provided the tester with a deep air lung sample. The air from the balloon was then let out over photoelectric chemicals, which changed color if there was alcohol present. The deeper the colors changed, the higher the BAC. However, the results of this device were often challenged because the test was known to produce false results. Indeed, just using mouthwash that contained alcohol before giving the breath sample could result in a false, inflated reading.
By the 1980s, as attorneys successfully challenged the results in court, these chemical breath tests became less common and today, infrared breath tests are used by police departments around the country, although they are widely criticized as being unreliable and inconsistent.
In Ohio, the following breath testing machines are permitted by law: (a) BAC Datamaster; (b) Intoxilyzer 5000; and (c) Intoxilyzer 8000. 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. An experienced Ohio DUI lawyer may be able to prevent that from happening.
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.
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.