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DUI Law

Dayton DUI Attorney Charles Rowland > DUI Law (Page 66)
17 January
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Ohio DUI Law: State v. Shuler (Portable Breath Test Not Allowed)

Posted by Dayton DUI
in Case Law

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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09 January
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Challenging the Breath Test (Part IV)

Posted by Dayton DUI
in DUI Process

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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21 June
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DUI Rules for Truck Drivers and CDL Holders

Posted by Dayton DUI
in DUI Law, DUI Process

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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