Like many of the factors in a DUI or OVI case, a breath test can be challenged. Even if you believe that the evidence is stacked against you, do not lose hope! Our firm has years of experience handling criminal cases, including DUI/OVI matters, and knows how to challenge test results when necessary. The more you understand about breath tests, the more equipped and prepared you will be to navigate your case.
Feel free to contact our Cleveland OVI attorneys for counsel regarding your case at any time. We would be honored to provide the defense and representation you need during this challenging period.
In the state of Ohio, any BAC that is at .08% or above will result in DUI/OVI charges. However, before you even get to BAC, you must first be pulled over for a valid reason. If an officer doesn't have reasonable cause to pull you over, such as traffic violation or erratic driving, the test results and arrest may be thrown out. If they do pull you over and are suspicious that you are driving under the influence, they may ask you to perform several field sobriety tests. If you do not do well or demonstrate signs of impairment, they may be able to request that you take a breath test. This is where your BAC will be read.
In order to be used as evidence in court, a breath test must be administered within three hours of the traffic stop and has to be analyzed according to the proper methods that the Department of Health has approved.
There are rules regarding the following factors in a breath test:
If the regulations are not followed, any evidence found from a test may be thrown out. Currently, Ohio allows three approved machines to be used: the BAC Datamaster, the Intoxilyzer 5000, and the Intoxilyzer 8000. Officers may also opt to use portable breath testers at the scene of an arrest; however, those results cannot be used in court.
With the right DUI/OVI lawyer on your side, you can challenge certain evidence obtained from a breath test and use this to bolster your defense. Do not wait any longer to fight for the justice you deserve.
You need to contact our firm today to set up a free consultation!