DUI Breath Testing Cases
After pulling over a driver who is suspected of driving drunk, police officers will attempt to obtain his or her legal blood alcohol content (BAC) through the use of a portable Breathalyzer test. This is the most common method of determining whether or not someone was legally drunk. However, these portable devices, and the main, larger machine back at the station, often give incorrect and false results. Unfortunately, individuals are frequently convicted using these results.
With my experience as a lawyer handling DUI/OVI cases, I know when to challenge the breath test results. It is important that all breath test results be investigated and examined, to determine whether or not they can be used against a defendant in a drunk driving case.
Experienced Breath Test Representation
I have been able to get DUI defense cases dismissed due to bad science or bad police work. I am one of the few attorneys in central Ohio who is certified by the manufacturer (NPAS) in the use of the BAC DataMaster Breathalyzer machine. I own one of the breath machines and often perform my own experiments on circumstances that may affect the validity of the test result. I regularly inspect and tour laboratories such as the Ohio State Highway Patrol and NPAS to keep abreast of the newest technology.
Fighting Against New Intoxilyzer Machine Results
It has become more difficult to investigate breath test results with the implementation of the new Intoxilyzer 8000 machine in 2009 throughout Ohio. The manufacturer of this device will not allow independent experts to examine the machine’s source codes, which makes it nearly impossible to show that the machine was wrong. However, I will still challenge the results of this machine whey they are incorrect and are putting my client’s future in jeopardy.
Refusing The Breath Test
Refusing to comply with a breath test request does not mean that the police will stop trying to obtain your blood alcohol content results. In fact, a refusal gives them even more right to obtain your BAC through a blood test or urine test. It is much easier for them to forcefully administer a blood test, and under Ohio law, they may be able to do so against your will. Refusing the breath test also may have additional charges and consequences.
Do Not Go Another Day Without An Attorney
Let me, attorney Robert Calesaric, help you after you have taken a breath test and been arrested for DUI/OVI. Get in touch with my office today by calling 740-334-4256. I offer a free consultation so we can determine how to approach your defense.