Columbus Dui Breath Test Defense

Once an arrest has been made for DUI, the police officer usually takes the suspect to the police station where he will be asked to take a blood, breath and urine test. In Ohio, the arrested does not have a choice which test to submit to.

The breath test is the most common form of testing performed for DUI. Police agencies typically use the Intoxilizer 5000 or the Intoxilizer 8000. Law enforcement prefers the breath test because it is convenient, the simplest to administer, and the results are available immediately. The admissibility of the breath test is based on the guidelines set forth by the Ohio Department of Health.

These rules are found in the Ohio Administrative Code at OAC Chapter 3701-53. O.R.C. 4511.19(D) sets out a three-hour limitation on the collection of your blood, breath or urine.

This three-hour period begins at the time of the violation, not at the time of arrest. If the test is not conducted within the three-hour period it may be inadmissible to support a prosecution under O.R.C. 4511.19(A)(1)(b)-(i). One of the most important aspects of the attorney's investigation will be determining the exact time of the alledged violation (this is usually determined by the time of the traffic stop) and comparing that time to the time the breath test was given.

This defense becomes especially important in single-car auto accidents where neither the police nor any witnesses saw the accident occur.

Further, we constantly update our data base of applicable case law that relates to a Columbus Ohio DUI arrest. This lets our firm be well aware of any modifications made to Ohio law and how they might impact your case.

Some additional factors that must be considered by your DUI defense attorney include: vomiting, belching within 20 minutes of test - no rinsing of mouth, or inadequate waiting period before retest will invalidate a breath test result.

Also certain medical conditions/health issues make the breath test inherently unreliable. They include:

A) gastric reflux, hiatal hernia or intestinal problem (e.g. Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) diagnosed and treated before date of arrest;

B) dental condition (e.g. gum disease/gingivitis/pockets around roots, dentures or bridgework which may trap mouth alcohol and contaminate a breath machine sample); or

C) respiratory problem (e.g. asthma, bronchitis, emphysema or chronic obstructive pulmonary disease).

The breath test room or circuitry has a problem - Radio Frequency Interference from a cell phone, officers radio, copy machine or other equipment with surge capabilities can cause the machine to give an artificially high reading.

Other conditions that can affect the result are smoking near the machine, shared power supply with heater or other appliance -the machines must be on a dedicated clean electrical circuit. Recently painted walls or trim can also interfere with the test.

Air bag defenses - the Tyndall effect - diffusion of light; propellant exposure; cut lips; lung and airway irritation and fluid build-up from caustic gas propellant.

If you need help with your DUI defense in Columbus, Ohio, call us at 614-827-2000. Our offices are conveniently located at 88 West Main Street, Columbus, Ohio 43215. If you are unable to travel to our offices, we can meet you elsewhere at your convenience.

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