Dedicated Ohio Attorneys Committed to Challenging Breath Test Results
If you’ve been charged with operating a vehicle while under the influence of alcohol, you probably know the routine involved in taking a breath test. In fact, you may have tried blowing into the machine several times before you were able to register an adequate breath sample for testing. You may have wondered how a machine can accurately measure your blood alcohol concentration (BAC) simply by analyzing your breath.
The truth is that too often a breath test result simply isn’t reliable. It is a machine operated by human beings. Problems with the machine and mistakes by the person administering the test can produce inaccurate test results. These faulty results can cause otherwise innocent drivers to be convicted of OVI or DUI.
Don’t let your future be compromised by inaccurate breath test results. Contact a criminal defense attorney who knows how to expose problems with breathalyzer tests. At the Law Office of James S. Arnold, we have helped many clients minimize the consequences of a drunk driving arrest through aggressive DUI defense strategies.
For more information about our drunk driving defense services or DUI in Clinton County, and throughout Ohio, visit our OVI/DUI site.
The Use of Breath Tests in Ohio to Prosecute Drunk Drivers
A breath test is used by law enforcement officers to measure the level of blood alcohol concentration in a driver who has failed field sobriety tests, or who appears intoxicated. Although Ohio’s new OVI laws allow forced blood or urine tests for certain repeat DUI offenders, most police departments and highway patrol officers rely on breath machines such as the Alcosensor, Datamaster, or Intoxilyzer to test drivers suspected of OVI/DUI/DWI.
In Ohio, there are two levels of OVI charges: OVI with a low BAC test (generally a BAC of .08 to .17) and OVI with a high BAC test (BAC of .17 or greater). The penalties are much more severe for drivers convicted of an OVI with a high BAC test and drivers with multiple OVI convictions. These enhanced penalties make it all the more important that any potential mishaps with the breath, blood or urine tests be exposed.
Our OVI defense lawyers examine all aspects of breath testing and expose problems which may have caused a faulty reading, including:
- Failure to adjust or recalibrate a machine for changes of temperature
- Problems obtaining an adequate breath sample
- Failure to warm up the machine and other operator errors
- Failure to observe the driver for the required time prior to the test
- Lack of proper training of the test administrator
- Failure to perform routine maintenance and repair on the breathalyzer
- Failure to account for certain health conditions which are known to interfere with breath test results, including diabetes and gastro-esophageal reflux disorder (GERD)
At the Law Office of James S. Arnold, we understand the problems that can cause false readings on breath tests. We use our knowledge and skills to challenge breath test results for clients charged with drunk driving in Clinton County, and throughout Ohio. Contact our firm for help protecting your rights and your freedom.
Our law firm has successfully defended clients facing drunk driving charges in Wilmington, Clinton County, and throughout Ohio. In one DUI case in Clinton County, our firm was able to reach a favorable plea agreement for a lesser charge after the client refused a breath test.
Our DUI/DWI/OVI lawyers conveniently serve clients throughout Clinton County, including Wilmington, Blanchester, Clarksville, Martinsville, Midland, New Vienna, and Port William.