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DUI Law

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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