What Are Some Defenses To A DUI Charge? Part 4

Here are some more common defenses to a charge of DUI:

High test result from a urine screen, yet you never urinate for three to four hours or more – physiological impossibility.  Unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops).

Something in mouth containing alcohol (e.g. Breath Drops with SD alcohol).  Something in mouth, that contains interfering or contaminating substance (e.g. Skoal snuff – wintergreen, Altoids).

Officer fails to inform you of your right to have a second independent test.  Officer not trained or marginally trained in accordance with the standards of the Ohio Administrative Code.

Officer fails to follow manual or training protocol.  Failure to properly calibrate or maintain the machine.

Police report supports sobriety, or lack of investigation of alternative causes.  Rising blood alcohol level showing time of driving BAC would have been lower than time of testing.

Elevated breath temperature (e.g. caused by fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle, etc.)

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 0014.  Your 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.

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Robhealey

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