01 October

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Evidential Breath Testing: Ohio Administrative Code 3701-53-01

Image via WikipediaIn Ohio, the Director of Health adopts Administrative rules which govern analytical testing for evidential use. It is important that your Ohio DUI attorney understand these codes and how they affect your breath test results. O.A.C. 3701-53-01 sets forth the methods or techniques which are approved to test blood, breath, urine or other bodily substances. One of the things your OVI attorney should not overlook is the requirement in section (B) which requires the testing facility to have a copy of the written procedure manual on file in the area where the analytical tests are performed. 3701-53-01 Techniques or methods.(A)...

26 July

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Residual Mouth Alcohol, Slope Detectors and the 20 Minute Observation

Posted by Dayton DUI

in DUI Process

One of the most prevalent causes of error in breath-alcohol analysis is the presence of alcohol in the mouth. This residual mouth alcohol (hereinafter R.M.A.) contaminates the expired breath captured by the machine and elevates the test results radically. The BAC Datamaster’s computer is programmed to assume that a breath test reading is 100% deep-lung (alveolar) air. This captured “deep-lung” air is then multiplied by 2100 pursuant to the accepted and scientifically defensible partition ratio.[1] Using these built-in assumptions it is evident that a very small amount of undigested (or trapped) alcohol can have a disproportionate impact on the reading.At...

11 April

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Radio Frequency Interference

Posted by Dayton DUI

in DUI Process

Image via WikipediaRadio frequency interference (RFI) or electromagnetic interference can arise when radio signals transmitted in proximity to a breath testing instrument are amplified in a way indistinguishable from electronic signals generated by the instrument during an analysis. Most instruments are shielded from such interference, have RFI detectors that prevent testing if significant RFI sources are present or both. Breath testing protocols typically prohibit the use of handheld transmitters in the proximity of the instrument while it is being operated (National Safety Council, 1992). Subject testing protocols that include the analysis of air blanks, known alcohol samples and agreement...

28 February

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Who is Qualified to Conduct a Breath Test?

Posted by Dayton DUI

in DUI Process

Evidential breath testing in Ohio is governed by the Ohio Administrative Code and the Ohio Revised Code. The OVI statute, R.C. 4511.19(D)(1), sets forth the requirements that evidential breath tests are admissible when analyzed by individuals holding valid permits issued pursuant to R.C. 3401.143, and qualified in accordance with O.A.C. 3701-53-07(C) - (F). The Ohio Administrative Code contemplates two types, or ranks, of people who are qualified to administer an evidential breath test: Operators and Senior Operators. "Operators" are authorized to conduct breath tests, whereas, "Senior Operators" is capable of conducting breath tests, caring for the machine and its maintenance and...

31 December

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Blood & Urine Testing in Ohio; O.A.C. 3701-53-03

Posted by Dayton DUI

in DUI Process

Image via WikipediaOhio Administrative Code 3701-53-03 regulates the testing of blood, urine and other bodily substances for purposes of evidential testing. Section (A) is specific to alcohol and approves gas chromatography and enzyme assays as approved testing techniques. "The technique or method must have documented sensitivity, specificity, accuracy, precision and linearity. The technique or method can be based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory.O.A.C. 3701-53-03(B) sets forth the approved methods for testing blood, urine and bodily...

22 December

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests. Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years. All positive blood, urine and other bodily substances shall be retained for a period of not less than one year. Section (B) requires lab proficiency. Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

16 December

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Blood & Urine Specimens O.A.C. 3701-53-05

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens. Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin. No alcohols shall be used as a skin antiseptic." A good place to start your DUI investigation is the first blood draw. We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

09 December

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

Posted by Dayton DUI

in DUI Process

Image by frippy via FlickrOhio 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....

25 June

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Ohio Blood and Urine Tests for Alcohol

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio Administrative Code 3701-53-01 sets forth the rules used in blood testing cases. Like no other area of DUI practice, experience can make all the difference in a blood or urine test. Ohio DUI defense attorney Charles M. Rowland II has successfully suppressed blood results in OVI cases and has the experience to fight your Blood-Alcohol Test. Set forth below are just some of the requirement of OAC 3701-53-05:Specimens are to be collected in accordance with RC 4511.19 or RC 1547.11. For blood samples, an aqueous solution of a non-volatile (nonalcohol) antiseptic is to be...

08 June

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Ohio’s Definition of an ‘Alcoholic’

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

[caption id="" align="alignright" width="108" caption="Image via Wikipedia"][/caption]Ohio Denies a License to Persons Defined as Alcoholics In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an "alcoholic" as one who meets the following criteria: (1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that...

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