Breath Test Defenses

Breath Test Defenses

There are many different defenses against a breath test that can be used in an Ohio DUI case. The 10 most common defenses are listed below, but keep in mind that each defense depends on certain factors that must be carefully evaluated. Only a trained Columbus DUI attorney like Peter Binning can tell you which defense should be used in your case.

  1. Machine was out of calibration
  2. Radio Frequency Interference
  3. Improper testing procedures by the testing office.
  4. Insufficient observation period by the officer
  5. Medical conditions, such as GERD and other gastrointestinal illnesses
  6. Partition ratio defenses
  7. Using BAC – BAC was under .08 at the time of driving, but rose before breath testing
  8. Improper breathalyzer maintenance records
  9. Unqualified breath test operator
  10. Mouth alcohol was present at the time of testing

It is never a good idea to rely solely on one type of defense in your Ohio DUI trial. In most cases, your attorney will use a combination of these and other defenses to have your breath test results thrown out of court. Some of these defenses must be proven to the fact finder, either the judge or jury. In any case, if your attorney can show that any of these conditions or factors apply to your case, we are in a much stronger position to win your case.

If you have been charged with an Ohio DUI, you need an experienced and knowledgeableColumbus DUI attorney like Peter Binning to represent you. You only have a limited time to fight your license suspension. Call our offices today for your free consultation!