The most common test for BAC (Blood Alcohol Concentration) in Ohio DUI cases is the breath test. This test is believed (by the public as well as the judicial system) to be infallible, but Columbus DUI lawyer Peter Binning has the experience and education to know that this is simply not true. It is our hope that this page will educate you on how the police use the BAC breath test against you and how you can protect your rights if you are being charged with a DUI in Ohio.
The Ohio breath test comes in two different forms: the hand-held device used at the roadside (known as the preliminary breath tester, or PBT) and the larger, desktop machine used at the police station (known as the mandatory breath tester). While these two machines arrive at their results in much the same way, they are not created equal. The PBT machine is known to be less accurate than the mandatory breath tester.
The main difference between these two machines is that only the breath tester at the police station is mandatory. You are never required to submit to the PBT test at the roadside during your traffic stop. In fact, your PBT results will only give the police one more piece of evidence that they will use against you. If you are told to blow into the hand-held breathalyzer at any time during your arrest, call Columbus DUI lawyer Peter Binning immediately. Refusing the mandatory breath test, on the other hand, will result in very strict penalties and the officer is not required to allow you to contact your attorney before you take the test. Keep in mind that this does not necessarily mean you should submit to the test.
If you do decide to refuse the mandatory breath test, the police may apply for a warrant to draw a sample of your blood for chemical testing. This is part of the No Refusal Weekends that are quickly gaining traction across the country. Once the police have a warrant, you cannot refuse to comply with them. Doing so will only result in harsher penalties or (if the police have to restrain you) or physical injury.
If you have been arrested based on your breath test results, it is important that you obtain a lawyer who understands how breathalyzers work and can defend against an inaccurate result. Columbus DUI attorney Peter Binning has the knowledge and experience necessary to fight your case. BAC testing is not as accurate as most people think and there are ways of defending yourself! Call our office today for a free consultation.