Breath Tests

This DUI blog is authored by Robert Healey, an associate lawyer with Suhre & Associates, LLC that limits his practice to DUI & OVI defense in Southwest Ohio. Want to know the best way to defend your OVI breath test in Ohio?  You will need an experienced DUI attorney.  Challenging a breath test begins at the [...]

The term legal limit will make most DUI lawyers cringe.  This is because there is no legal amount of alcohol to have in the body and drive. Below, the (A)(1)(a) section says that if the officer believes you are under the influence of alcohol he can charge you with a DUI no matter what level [...]

My client's are often confused about what it means to have one drink.  They are really confused when that one or two drinks causes them to test over the prohibited level in Ohio of 0.08 grams of alcohol per 210 liters of breath. The CDC publishes an online FAQ about alcohol on their website,   [...]

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 [...]

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 [...]

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 [...]

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