If you are arrested for a Columbus, OH DUI / OVI and submit to a breath test – the prosecutor now has some strong evidence against you. In Ohio, it is illegal to operate a motor vehicle with a breath test that is .08 or greater at the time of operation. The law provides that [...]
Defenses
You have the choice to testify as a defendant in a criminal case. However, in my opinion, nothing good is going to come out of putting your client on the stand. However, some people just have to get their story out. Your lawyer will want to put it on the record that he has advised [...]
Here are some more common defenses to a charge of DUI: Breath/blood ratio (2100:1) not proven to be your ratio; show how minor error gets multiplied 2100 times; 0.12 = 17/10,000,000th of an ounce. Show you have abnormally low blood/breath conversion ratio through testing and expert. Inherent sampling variability or margin of error (e.g., 0.081 [...]
Let’s talk about some other defenses to an over the per se limit. There could be a false positive from consumption of unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops). If you had something in your mouth prior to the breath test containing alcohol (e.g. Breath Drops with SD alcohol). Something [...]
Some additional factors that must be considered by your OVI 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 [...]
After a police officer arrests a suspect for DUI, they will most likely transport them back to the police station and ask them to submit to a blood, breath or urine test. In Ohio, the arrested does not have a choice which test to submit to. The most common testing method is the breath test. [...]
