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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 36)

Challenging the Breath Test (Part III)

[caption id="attachment_1225" align="alignright" width="145" caption="BAC DataMaster"][/caption]I once attended a seminar where an attorney argued that there were many things which "mirrored" ethyl alcohol, thereby interfering with the ability of the breath testing machine to distinguish between "real" alcohol (ethyl) and "false" alcohol (acetone). The interfering substance, acetone, is a natrually occuring by-product of the human body and is common in diabetics, dieters and persons coming into contact with household paints.  What's more there was some pretty solid science presented to support this argument. WOW!Well, after studying the BAC DataMaster I am sorry to say that this method is very limited as...

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Aggravated Vehicular Homicide; State v. Hassler

Blood Alcohol Test Taken Outside Time Limit Held Admissible in DUI Vehicular Homicide 2006-1517. State v. Hassler, 2007-Ohio-4947. Delaware App. No. 05 CAA11 0078, 2006-Ohio-3397. Judgment reversed and cause remanded. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2007/2007-Ohio-4947.pdf(Sept. 27, 2007) Under limited circumstances, in the prosecution of a driver for aggravated vehicular homicide while “under the influence of alcohol,” Ohio courts may admit the results of a blood alcohol test taken outside the two-hour time limit for admissibility under the state's DUI statute, the Supreme Court of Ohio ruled today.The case involved the death of...

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Challenging the Breath Test (Part II)

Undetected, raw, unabsorbed alcohol in the mouth may falsely elevate the results of a breath test. This residual mouth alcohol (RMA) can come from items ingested just prior to the test, from regurgitated (burped) air from the stomach, or from gastroesophogeal reflux.  Ohio testing protocol attempts to guard against this testing flaw by requiring officers to observe the defendant for twenty minutes prior to the test.  They look for burping, vomiting or any ingestion of items into the mouth.  Lazy observation by the police officer can result in a contamination of the test.The BAC DataMaster, Ohio's most common breath testing...

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BAC DataMaster DMT

Below is a description of NPAS's latest version of the BAC DataMaster, the DataMaster DMT. This machine is able to print out the slope of the alcohol curve of the breath entering the machine.  In effect, this will demonstrate when a defendant tries to "trick" the machine by manipulating their breath.  It will also limit the defense of the test based on Residual Mouth Alcohol issues.  Don't get excited, however, they have not been purchased or used by any jurisdiction in Ohio...

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Protecting Your Ohio Driver’s License After Your OVI Case

Dealing with the Ohio Bureau of Motor Vehicles can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules. 1. Make sure the BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line here.2. Make sure the court knows...

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DUI Science: a list of studies related to DUI/OVI

Alobaid, TA. Hill DW. Payne JP. "Significance of variations in blood: breath partition coefficient or alcohol." British Medical Journal. 2(6050), 1976 Dec 18: 1479-81.ASTM E 177-90a, "1999 Annual Book of ASTM Standards: Section 14 General Methods and Instrumentation", Standard Practice for the Use of the Terms Precision and Bias inASTM Test Methods, ASTM, West Conshohocken, PA, 1999, pp.39-50. Reference Target Vapor Mean Solution Concentration Intoxilizer SD RSD g/ l 00ml g/210L Response g/210L 0.025 0.020 0.020 0.001 6.2%  .139 0.110 0.117 0.004 3.3% 0.254 0.210 0.212 0.005 2.4% 0.369 0.305 0.303 0.008 2.6% 0.486 0.400 0.397 0.019 4.7% Breath Alcohol...

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Working Hard to be the Best DUI Attorney in Ohio

At least until September, I am the only Ohio attorney certified on the newest version of the BAC DataMaster and the Intoxilyzer 8000.  Couple this with the fact that my National Patent training included the new DataMaster DMT, and I am fairly confident in my ability to understand your breath test and apply the best scientific defense available.  I am busting my ass to be the best DUI attorney that I can be.  If you want an attorney who will work amazingly hard to win your case, contact me today at 937-879-9542 or 1-888-769-5263. ...

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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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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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