DUI / OVI 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 / OVI “per se.” If the result exceeds 0.17, the officer will charge you with DUI / OVI “per se, high test.” There are different penalties associated with each.
Ohio Law for DUI / OVI 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 / OVI 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 in Ohio
Law enforcement has two opportunities to administer a breath test for those suspected of DUI / OVI. 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, the results of the portable breathalyzer are only used to determine probable cause to arrest.
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. You are not obligated to consent to the test if you have not been convicted of DUI / OVI in the past, 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.
However, if you have been convicted of DUI / OVI in the past, it is a criminal offense to not submit to a breathalyzer upon request by law enforcement. If you refuse, you will be charged with DUI / OVI Refusal in addition to the underlying DUI / OVI offense.
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 excluded from evidence at trial.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced DUI / OVI 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 / OVI case.
Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Knox County, Union County, Madison County and Delaware County