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, a suspect cannot choose which test to submit to, the police have the choice.
The most common testing method is the breath test. Law enforcement prefers this test because it is convenient, the simplest to administer, and the results are available immediately.
We regularly update our case law database and receive weekly updates regarding recent court decisions that affect Cincinnati DUI defense. The Ohio Department of Health is responsible for devising the testing method for the admissibility of blood, breath, and urine tests.
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). An important part of the attorney’s investigation will be determining the time of the alleged violation (most commonly determined by the time of the traffic stop) and comparing that to the time of the breath test.
This defense becomes especially important in single car auto accidents where neither the police nor any witnesses saw the accident occur. It is also relevant in a multiple car auto accident because the prosecutors often fail to subpoena the necessary witnesses to prove when the accident occurred.
Need Professional Help With Your DUI arrest in or near Cincinnati?
Then Contact Suhre & Associates for your FREE Consultation using the contact form to the left or call our 24 hour Emergency Number at 513 333 0014Your attorney must be familiar with the procedures utilized in administering the breath test as well as the procedures used to maintain and calibrate the testing equipment. At Suhre & Associates, our attorneys are familiar with the law and procedures used to calibrate the breath testing machines as well as the procedure used in administering the test to a suspect.