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portable breath test Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "portable breath test"

Ohio DUI Law: State v. Shuler (Portable Breath Test Not Allowed)

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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