DUI Breath Tests in Columbus and Delaware, Ohio
If law enforcement believes that you are over the legal limit, they may ask you to submit to a breath test. If the results are between 0.08 and 0.17, the police will charge you with DUI “per se.” If the result exceeds 0.17, the officer will charge you with DUI “per se, high test.” There are different penalties associated with each.
Ohio Law for Breath Tests
The Ohio Department of Health must approve breath test machines used by law enforcement. There currently are 3 machines that have been approved: (1) Intoxilyzer 5000; (2) Intoxilyzer 8000; and (3) the BAC Datamaster. In addition to these machines, police have a portable breath tester that is used at the scene of DUI investigations. However, the results of these are not admissible in court.
There are certain law and regulations that must be complied with for breath tests to be admissible. For example, the breath test must be administered within 3 hours and must be examined by methods approved by the Ohio Department of Health. Moreover, certain regulations must be met in how the machines are maintained, regularly checking the accuracy of the machines, and the permits of those operating the machines.
Breathalyzer Test Process
Law enforcement has two opportunities to administer a breath test for those suspected of DUI. The first is when the officer pulls over your vehicle. The officer can use a portable breathalyzer to determine whether you are operating the motor vehicle while impaired. While there is no obligation to take the test, a refusal will most likely lead to your arrest. However, it will not allow the results of the test to be used against you.
The second opportunity to administer a breath test is after you are arrested and taken to the police station. This is where a more accurate machine (BAC Datamaster, Intoxilyzer 5000, or Intoxilyzer 8000) will be used. The arresting officer will read to you Form 2255 and ask you against to submit to a breath test. As with the portable breathalyzer, there is no obligation to consent to the test, but a refusal will lead to an administrative license suspension for 1 year. Before making your decision, you have the right to consult an attorney.
Attorney Review of Breath Tests
An attorney can review the records of law enforcement and determine if the police have not maintained, repaired or used the breath test machines in compliance with approved regulations. If law enforcement fails to comply with those regulations, breath tests administered by the police can be thrown out inadmissible in court or shown that the breath test was inaccurate due to issues with the procedures and machine.
Columbus and Delaware, Ohio DUI Defense Lawyer
If you have been charged with DUI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI case.