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breath test Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "breath test" (Page 2)

Are You Fat? Old? A Woman? Then The DUI Laws Are Biased Against You

Did you know that the DUI laws are inherently biased against most of us?Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol.  As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body.  It is the presumed relationship between the amount of alcohol in the...

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Your Kids Will Be Targeted This Prom Season

Prom Season in Ohio brings forth a big law enforcement response.Undercover agents with the Ohio Investigative Unit are taking an active role in enforcing Ohio’s alcohol laws to ensure everyone has an enjoyable and safe prom season. Agents throughout Ohio will be conducting compliance checks on liquor permit premises, educating Ohio’s high school students through Sober Truth classes, and working with local alcohol coalitions and law enforcement to bring awareness to the dangers of underage drinking.Parents will be targeted by MADD's "Parents Who Host Lose The Most" campaign. A person who furnishes alcohol to an underage person is guilty of...

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Intoxilyzer 8000: The More You Blow

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases.  One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle.  The average adult can exhale between three and four liters of air.  If you are unlucky enough to be tested on this machine, the police...

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Court’s Find A Way To Protect Intoxilyzer 8000

Ohio Courts are slowly fixing the Intoxilyzer 8000 implementation issues and (surprise!) they are not resolving the issues in favor of the accused.In State v. McMahon, 2013-Ohio-2557, the implementation of the Intoxilyzer 8000 was challenged due to confusion in the Ohio Administrative Code sections dealing with "operators."  It was alleged that the Ohio Department of Health failed to establish qualifications for issuing permits for Intoxilyzer 8000 operators as required by R.C. 4511.19 and 3701.143.  The court ruled that R.C. 3701.143 authorizes the director of health to issue permits to breath-alcohol machine operators, and we found the ODH’s position that an...

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DUI Science: Gas Chromatography

Gas chromatography mass spectrometry (hereinafter GCMS) is the most reliable method for alcohol testing in blood and urine and has become the accepted gold standard in forensic toxicology.  Gas chromatography specificity for ethanol (drinking alcohol) is very good and this method can also identify and quantify other organic or interfering substances such as methanol and isopropanol. The two commonly used techniques for analyzing the gases are “direct injection” and “headspace analysis.”  The devise works by utilizing a flow-through tube known as the column.  The different chemicals in the sample pass via a gas stream at different rates depending on their interaction with the column’s...

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Dayton DUI: Breath Test Defenses in Ohio

This article will highlight DUI breath test defenses available to people in Ohio.  As we have extensively written on the topic of DUI breath test defenses, this article will direct you to some of the most popular past articles.  If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk Driving) please contact Charles M. Rowland II immediately at (937) 318-1384 or on our after-hours DUI hotline at (937) 776-2671.DUI Breath Tests & Faulty Assumptions: This article relies on information from the International Association of Forensic Toxicologists.  Specifically the Proceedings of the 27th International Meeting held in...

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OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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Intoxilyzer 8000 Is Unreliable Judge Finds

A judge recently ruled the Intoxilyzer 8000 (Ohio's newest breath testing machine) unreliable.  In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases.  Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School.  She is well known and highly respected by her colleagues throughout the state. See HERE.The cases addressed the court's gatekeeper function as it relates to the...

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OVI Breath Tests: Faulty Assumptions

Why do Ohio OVI attorneys question OVI breath tests? Each of our lungs contain about 300 million small air sacs called “alveoli” that are responsible for the air exchange that keeps us alive.  In the alveoli, oxygen from the inhaled air is exchanged for carbon dioxide.  Air finds its way to the alveoli via the trachea which divides into the two main stems (bronchi) of the lungs.  From there, the air passes through sub-bronchi that may subdivide over 23 times.  As the air is passing through the lungs it passes over a rich layer of mucus which warms and humidifies...

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Dayton DUI Answers The Question, “Should I Blow?”

To blow or not to blow, that is the question.  DUI attorney explains how the Breathe test affects your case in this video and whether to blow or not to 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,...

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