The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside." You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

15 December

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Scientific Defenses to an OVI: The GERD Defense

Posted by Dayton DUI

in DUI Process

The National Center for Health Statistics estimates that acid reflux (called gastroesophageal reflux) and the more serious Gastroesophageal Reflux Disease (hereinafter GERD) affect more than 90 million people at least one time per month and about 25 million people experience serious GERD problems daily. " GERD is usually caused by changes in the barrier between the stomach and the esophagus, including abnormal relaxation of the lower esophageal sphincter, which normally holds the top of the stomach closed; impaired expulsion of gastric reflux from the esophagus, or a hiatal hernia. These changes may be permanent or temporary ("transient"). [cite]Although about 10...

20 June

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Dayton DUI Law: The GERD Defense

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in DUI Process

Regurgitation and Reflux are not the same thing! Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample. The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician would likely notice. The surging ethanol vapor can cause an elevated reading on an evidential breath testing device. The elevated test can appear following a valid and conscientious observation period. Because the evidential breath testing device cannot distinguish contaminated air from deep-lung alveolar air, it...

10 November

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Dayton OVI Law Explained on Twitter

Posted by Dayton DUI

in Ohio Cities

GERD (gastroesophageal reflux disease) acid reflux, and heartburn cause undigested or semi-digested stomach acids (containing alcohol) to travel from your stomach back up to your mouth and throat. This will cause a falsely high reading on an Ohio breath test machine. This morning, components of the GERD defense were explained on TWITTER. Follow Charles M. Rowland II on Twitter @DaytonDUI. If you have any suggestions for a TWITTER topic we'd love to hear from you....

07 December

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Breath Testing: What an “INVALID SAMPLE” reading means on a BAC DataMaster

Posted by Dayton DUI

in DUI Process

“INVALID SAMPLE” WHAT IT IS AND WHAT IT IS NOT “I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. The next time I blew again…really hard. He told me that I was being difficult and told me that he was going to say I was refusing to take the test. This was horrible.”-Client Testimonial-WHAT AN INVALID SAMPLE IS NOTAfter hearing a story like the one above, the client hands you two pink BAC DataMaster tickets...

15 April

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Mastering Scientific Evidence in DUI

Posted by Dayton DUI

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[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, I am leaving for the 16th annual "Mastering Scientific Evidence in DUI/DWI Cases" which takes place in beautiful New Orleans, Louisiana. This three-day seminar will cover topics such as GERD: How it causes false positive results; Disconnect Defenses; Source Code updates; Ignition Interlock devices and the Rising Alcohol Defense. The seminar will culminate with a mock trial of a breath test case. If you have any questions for me please call my 24-hour number at 937-776-2671 and I will get back to you. ...

Gastroesophageal reflux disease Tag

The Problems With Portable Breath Tests (by DaytonDUI)

Scientific Defenses to an OVI: The GERD Defense

Dayton DUI Law: The GERD Defense

Dayton OVI Law Explained on Twitter

Breath Testing: What an “INVALID SAMPLE” reading means on a BAC DataMaster

Mastering Scientific Evidence in DUI

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