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ohio administrative code Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "ohio administrative code"

New Rules For Tattoo Artists In Ohio

Ohio tattoo artists can expect new rules beginning in September.  Ohio has revised O.A.C. 3701-9-01 and O.A.C. 3701-9-02.  This marks the first time that Ohio has revised tattoo and body art rules since the late 90's.  It appears that legislators wanted to restrict minors from getting "certain areas" of their bodies pierced.  They have limited the piercing of "certain areas" even if the parents give their approval.  All body art business will be required to have an infection control plan and will be training public health inspectors to make sure the rules are being followed.  About one in five American...

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Case Law Update: OVI Urine Sample

Under Ohio law, an OVI urine sample must be refrigerated while not in transit or under examination.  In State v. Schneider, 2013-Ohio-4789, the First District Court of Appeals was asked to define what "in transit" means.At the suppression hearing, defense counsel argued that the state had failed to establish that the OVI urine sample had been refrigerated while it was not under examination or in transit as required by Ohio Adm.Code 3701-53-05(F). Defense counsel pointed to the evidence that the trooper had not refrigerated the specimen between its collection at 3:15 a.m., and its mailing at 10:00 p.m., a period of 18...

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OVI Case Law Update: State v. McMahon

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress.  The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine.  Pursuant to R.C. 3701.143, the director...

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Ohio DUI Blood Test: How to Win A Blood Test Case

In order to successfully defend a blood test case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the whole blood, blood plasma and/or blood serum specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  A blood test is seen as...

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Approved Breath Testing Instruments: O.A.C. 3701-53-02

Ohio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio.   It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C. 3701-53-02(B) lists the approved...

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Gas Chromatography Mass Spectrometry (An Overview)

To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography - mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS)  is a method that combines the features of gas-liquid chromatography and mass spectrometry to identify different substances within a test sample.  GC-MS has been widely heralded as a "gold standard" for forensic substance identification because it is used to perform a specific test.Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  The GCMS instrument is...

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Appellate Decision: Rules (as written) Don’t Apply

A recent 10th District Court of Appeals decision in State v. Castle, 2012-Ohio-6028, decided on an interpretation of the Ohio Administrative Code that will allow the government to use both a BAC DataMaster or any other approved device to prosecute drunk driving cases in Ohio.  The court determined only the limited issue of whether the issuance of an operator access card under Ohio Adm.Code 3701-53- 09(D) prohibits the operator from performing breath tests using an instrument for which the operator also has been issued either an operator or senior operator permit under Ohio Adm.Code 3701-53-09(B)."The BAC DataMaster and Intoxilyzer 8000 are...

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high...

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DUI Case Law Update: State v. Castle (Franklin County)

State v. Castle, 168 Ohio Misc.2d 6, 2012-Ohio-1937 On July 3, 2011, Floyd Castle was arrested and charged with OVI (drunk driving) and other offenses.  When the Trooper administered a chemical test he chose to conduct that test on a BAC DataMaster breath test devise instead of Ohio's newest machine the Intoxilyzer 8000.  The Trooper was qualified as a senior operator on the BAC DataMaster.  The Trooper also held an operator-access card to administer tests on the Intoxilyzer 8000.  The issue before the court is whether or not the Ohio Administrative Code, specifically O.A.C. 3701-53-09(D), allows the Trooper to conduct a...

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Calibration of the Intoxilyzer 8000, O.A.C. 3701-53-04

The revised Ohio Administrative Code section 3701-53-04 incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The "new" standards "automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards and technology (NIST).  The dry gas results "are valid when the results are at or within five one-thousandths (0.005) grams per two hundred ten liters of the alcohol concentration on the manufacturer's certificate of analysis for that dry gas standard. A dry gas control result which...

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