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Attorney Charles Rowland Certified on Intox 8000

Rowland Certified on Intoxilyzer 8000 This week, in New Orleans, I became the first attorney in the State of Ohio certified on the Intoxilyzer 8000 breath testing instrument. This class was the first to allow private attorney to have access to the Intoxilyzer 8000 and I, proudly, was the only person tested from Ohio. Result? Rowland certified!Ohio has had the same breath testing devices in for many years. There had been two basic machines that they used, the BAC Data Master and the Intoxilyzer-5000. And, twenty years elapsed before Ohio’s Department of Health, adopted a new machine, and they adopted this...

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Ohio DUI Law: State v. Shuler (Portable Breath Test Not Allowed)

Portable Breath Test Not Allowed The Fourth District Court of Appeals slammed the use of portable breath tests as trial evidence in State v. Shuler, 168 Ohio App.3d 183, 2006-Ohio-4336.  The unique facts of this case were that the defendant was stopped on November 6, 2004 for making an erratic, improper turn.  He was "asked" to leave the vehicle for submission to field sobriety tests.  In addition, the officer administered a portable breath test to the defendant.  The PBT result was .078 (below the legal limit).  The defendant was arrested and taken to the station where the results of the BAC test were...

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Challenging the Breath Test (Part IV)

External alcohol or other substances such as solvents, cleaning fluids, police car exhaust fumes, or other agents may interfere with the test results.  There are thousands of sources of alcohol that may potentially contaminate the air in the room.  Modern machines try to eliminate this defense by testing the room air in what is referred to as the "ambient air" or "air-blank" tests.  The machine must read a 0.000 to show that the air is clean prior to the test and that the sample chamber is purged of alcohol vapors. If the amount of ambient alcohol exceeds a "significantly detectable level"...

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F.A.A. Issues Rule on Pilots and Alcohol Use

[caption id="" align="alignright" width="83"] Image via Wikipedia[/caption]Originally Published on Aeronet Fri, 23 Jun '06It's now a matter of law. The FAA Thursday issued a long-awaited final ruling on alcohol and drug abuse, under which a pilot who either refuses a drug or alcohol test at the airport, or is found with a blood-alcohol content of more than .04-percent, will lose his medical certificate.The same rules would apply to air traffic controllers, as well. The rule also standardizes the deadline for reporting positive tests or refusals.The changes go into effect July 21, 2006. The new rules were met with opposition from the...

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DUI Rules for Truck Drivers and CDL Holders

For operator's of a commercial vehicle requiring a CDL it is a criminal offense to drive (not operate) a commercial vehicle with a detectable amount of alcohol or controlled substance in the blood, breath or urine or with an alcohol concentration of .04% or more. In addition, if the concentration is high enough, truckers face the possibility of being prosecuted under the standard D.U.I. law. Pursuant to O.R.C. 4506.15(F) it is a criminal offense for a commercial driver to refuse to submit to alcohol or drug testing. If the driver refuses his/her CDL will be administratively suspended by the Bureau of...

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