Breath Testing

The DUI/OVI law in Ohio based upon breath testing makes it illegal to operate a vehicle with a prohibited amount of alcohol in a driver’s blood. Law enforcement can calculate the amount of alcohol in the driver’s blood by taking a sample of the driver’s breath. Under this provision of the Ohio DUI/OVI statute, it does not matter if the driver is intoxicated or even feels the effects of alcohol. In fact, the suspected DUI/OVI driver could feel completely sober and be guilty of DUI/OVI.

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.

If an Ohio Police Officer, Sheriff’s Deputy or State Highway Patrolman suspects a person is driving over the legal limit, the officer may ask him to submit to a DUI/OVI breath test, sometimes known as a breathalyzer.  If the result is .08 or greater, the officer will charge the Ohio DUI/OVI driver with a “per se” DUI/OVI.  If the result is .17 or greater, the officer will charge the driver with a “per se” DUI/OVI “high tier.” There are different mandatory penalties associated with each offense. to learn more information about the penalties, continue exploring this website or contact an experienced Ohio DUI/OVI defense lawyer today.

Breath Testing Machines Used In Ohio DUI/OVI Investigations

Ohio DUI/OVI breath-testing machines must by approved by the Ohio Department of Health.  Currently, there are three approved machines:  (1) the BAC Datamaster; (2) the Intoxilyzer 5000; and (3) the Intoxilyzer 8000.  Police officers also use Portable Breath Testing devices (PBT) at the scene of Ohio DUI/OVI investigations, but the results of Portable Breath Testing devices are not admissible in court.

How Ohio’s Breath Testing Machines Work in a DUI Investigation

When a suspected DUI/OVI driver blows into a breath-testing machine (AKA, breathalyzer), infrared energy is transmitted through the chamber containing the breath sample.  Alcohol molecules absorb infrared energy, so the machine measures the amount of infrared energy absorbed.  Based on the amount of infrared energy absorbed, the machine calculates the concentration of alcohol in the breath sample.  The machine then prints the result on a print out, with the result expressed in grams of alcohol per 210 ml of breath.

Ohio’s Breath Testing Rules and Regulations in DUI/OVI Cases

There are many rules that regulate how Ohio DUI/OVI lawyers are allowed to use breath tests as evidence in court.  There are also many rules that officers must follow if they want to use a breath test against a DUI/OVI suspect, including the following: (a) the breath test must be administered to a suspected DUI driver within three hours of the offense; (b) the sample must be analyzed according to the methods approved by the Ohio Department of Health; (c) The officer who administered the breath test must have a current operator permit for the machine; (d)  the breath testing machine must be tested on a regular basis to verify it is working properly; and (e) the records of the breath testing machine must be kept in accordance with current regulations. If you are charged with DUI and took a breath test, consider consulting with a top Ohio lawyer who has experience defending DUI/OVI cases.

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.