What is a Breath Test?
The Ohio breath test is the most common BAC—or blood alcohol concentration—test for individuals arrested with a DUI in Ohio. In most cases, unless you have been injured badly enough to be admitted in the hospital, you were asked to undergo a breath test.
Depending on the circumstances surrounding your case, there are a number of different factors to consider when defending against breath test results, but there are three main defenses that we can use. Each of these defenses may be used by itself, or they may be combined, but it is important that the defenses we use will be helpful to winning your case and regaining your driving privileges. Columbus DUI attorney Peter Binning will review the details of your case and advise you of the type or types of defense that he will use.
Ohio DUI Breath Machine Maintenance
Like any machine, the Ohio breath test machines are subject to any number of malfunctions that can cause a falsely high result. For this reason, the state of Ohio requires that all breath test machines undergo routine maintenance to keep them in proper working order. If the machine has failed to have this consistent, required maintenance, any results that it gives should not be admitted in court.
Even with this routine maintenance, there may be irregularities in the machine’s voltage that can cause it to give inaccurate readings. If the voltage is even slightly off, the machine will give an incorrect result. Only after careful evaluation (an examination that goes far beyond the routine maintenance required by law), are these irregularities discovered.
Operator Error
Even if the machine is working perfectly, the officer administering the test may still fail. Your test results should be thrown out of court if the officer fails to read you the Implied Consent Law, allow you time to contact your attorney after you requested to do so, or simply didn’t follow the proper operating procedures of the machine.
Certain Medical Conditions
There are a number of medical conditions that can cause your breath test results to be higher than the officer is expecting. For example, individuals with GERD—gastroesophageal reflux disease—or other stomach conditions can retain alcohol in their stomachs for longer than other people. This alcohol is then released when the person hiccups or burps, causing the machine to register the presence a high amount of alcohol. Because this alcohol was sitting in that person’s stomach and not in their bloodstream, there is no way that it affected their sobriety. The breathalyzer, however, will show a BAC level above the legal limit and you will be arrested.
If you took the Ohio breath test and were arrested with a DUI, call our offices today. Columbus DUI attorney Peter Binning has the experience and expertise necessary to defend your breath test results and get you back behind the wheel. Call today!