a

Facebook

Twitter

Copyright 2016 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

937.318.1384

Call Us For Free Consultation

Facebook

Twitter

Search
OVI Menu
 

breath test Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "breath test"

Arrested for OVI? Should You Blow?

When you are stopped on suspicion of DUI the question becomes - "Should You Blow?" Unfortunately, the answer is "maybe. " The analysis involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history. Always ask to speak to an attorney when making this decision. Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath,...

Continue reading

Supreme Court To Decide DUI Cases

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test. As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution...

Continue reading

Intoxilyzer 8000 Biased Against Americans

The Intoxilyzer 8000 is used in Europe under the brand name Lion.  On their website [HERE] they describe the process of breath alcohol physiology.  There is one glaring difference however. They use a 2300:1 ratio instead of a 2100:1 ratio.  So? Example: If you blew a into the Lion (Intoxilyzer) 8000 with of 2300: 1 partition ratio, and the machine reported BrAC results of .070 then you blew into the machine with a 2100: 1 partition ratio you would be .080 or higher. (thanks to DUIstopped.us for this example). If this is true, it means that machines in the US are more biased...

Continue reading

OVI Science: A Quick Explanation of Henry’s Law

OVI science is a term used to describe the myriad disciplines of science involved in the defense of OVI (drunk driving cases). Here is a quick explanation of Henry's Law. If you have ever opened a cold beer you are familiar with Henry’s Law.  As the drink is poured small gas bubbles escape into the atmosphere.  Why? It is due to the decrease in pressure caused by opening the bottle and the increased if you pour the liquid into a glass which is hotter than the refrigerated beer bottle. We can use OVI science to attack the operation of Henry’s Law in...

Continue reading

DUI Attorney Strategies – Know The Science!

Here is a tool that every DUI attorney should have in their arsenal.  It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts that a jury should know: The time that elapses between the driving of the car and the time of the chemical test can produce significantly different blood alcohol concentrations. The time that passes from the end of the alcohol intake until the peak alcohol concentration varies from 14 to 138 minutes in one study, to 12 to 166 minutes in another study. It is impossible to convert the alcohol concentration of...

Continue reading

Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog). Professional drivers who refuse to take a breath test face a separate crime if they do not...

Continue reading

When Stopped On Suspicion of DUI – Should I Blow?

When you are stopped on suspicion of DUI the question becomes - "Should I Blow?"  Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision. Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact.  Be...

Continue reading

The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI.  This is not the case. Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE].  Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned we have to...

Continue reading

First Time DUI Offenders Required To Install Breathalyzer

The Columbus Dispatch just published an article (see video above) about the first time DUI breathalyzer bill.  If "Annie's Law" is passed by the Ohio legislature, it will require first time offenders to put an in-car breathalyzer in their car before they will be allowed to drive.  People who are not yet convicted and presumably innocent until "proven" guilty will face yet another mandatory penalty.  The law now allows judges to order the ignition interlocks, but the House bill would make their use mandatory.  Under current law, only offenders convicted twice within six years must use the devices.  This is another example...

Continue reading

Problems With The Intoxilyzer 8000: You Blew Too Much!

The Intoxilyzer 8000 measures how much breath you provide by something called a 'pressure transducer.' Instead of directly measuring the volume of your breath by a pressure switch, like the old Intoxilyzer 5000 did, the 8000 indirectly measures breath. Not only is it needlessly complicated, it simply doesn't work! The flow sensor systems in Florida's Intoxilyzer 8000's are so unreliable that FDLE ordered that police STOP KEEPING RECORDS of the system in monthly checks. In 2011, a system-wide check showed that 40% of the machines in Florida couldn't accurately measure breath volume! (Source). As of this writing, the author knows...

Continue reading