Columbus DUI Defense Attorney - Ohio Breath Test Defense Lawyer
In Ohio, it is illegal to drive with prohibited amounts of alcohol in your breath, blood, or urine - even if the alcohol is not impairing your ability to drive (there is a separate offense of operating a vehicle under the influence if your ability to drive is impaired). To determine the amount of alcohol in your system, the police will ask you to submit to a test of your breath, blood, or urine. Below is some information about these tests.
Breath Tests. The most common test for alcohol concentration is the breath test. If you consent to the test, you provide a sample of your breath by blowing into a machine (probably a Datamaster or maybe an Intoxilyzer). The machine transmits infrared energy through the chamber containing the breath sample. Alcohol molecules absorb infrared energy at certain frequencies, so the machine measures the amount of infrared energy absorbed to determine how much alcohol is present in the breath sample. The machine converts the concentration in the breath sample to a result expressed in grams of alcohol per 210 ml of breath and produces a printout of the result. If the result is at or above .08 (but under .17), you are charged with OVI "per se". If the result is at or above .17, you are charged with OVI "high test". If law enforcement agencies do not maintain, repair, and use the breath-testing machine in compliance with state regulations, the results of the breath test may be inadmissible ("thrown out"). I have undergone training in breath testing, and I am certified in the Basic Science Of Evidential Breath Alcohol Testing.
Blood Tests. The most accurate test for alcohol concentration is the blood test. Blood is drawn by a medical professional, stored in a vacuum container, then analyzed by a machine. Using a scientific technique, usually gas chromatography mass spectrometry, the machine calculates the concentration of alcohol in the blood and produces a printed result. If the result is at or above .08 (but under .17), you are charged with OVI "per se". If the result is at or above .17, you are charged with OVI "high test". These limits are for whole blood; the limits are slightly different if the test is conducted on blood serum or plasma. If the blood is not drawn, collected, sealed, labeled, stored, transported, and analyzed in compliance with state regulations and laboratory protocol, the results of the blood test may be inadmissible.
Urine Tests. The least accurate test for alcohol concentration is the urine test. Urine is collected, stored in a glass container, then analyzed by a machine. Using a scientific technique, usually gas chromatography mass spectrometry, the machine calculates the concentration of alcohol in the urine (grams per 100 ml) and produces a printed result. If the result is at or above .11 (but under .238), you are charged with OVI "per se". If the result is at or above .238, you are charged with OVI "high test" . If the urine is not collected, sealed, labeled, stored, transported, and analyzed in compliance with state regulations and laboratory protocol, the results of the urine test may be inadmissible.
If you have been charged with a D.U.I. and have questions regarding the breath test in central Ohio, contact the criminal defense law office of Shawn R. Dominy, Attorney at Law for an initial consultation about your case.
