OHIO DUI BREATH TESTING

In Ohio DUI cases, Breath Testing is performed on either the DataMaster, the Intoxilizer, or the BAC Verifier.  Each machine performs the same function of measuring the blood alcohol content (BAC) present on your breath.  A person accussed of DUI must blow into the machine.  Typically two or three samples may be required.  The machine then prints out a result on a breath card that will be included in the discovery packet made available to you or your attorney. 

In Ohio DUI investigations, breath testing is the most commonly used method of chemical testing in Ohio, but it is also the least reliable way to accurately measure BAC.  Breath test machines have many complications and often break and need repairs.  Invalid results may be produced.  Several factors and outside influences can skew the results, such as mouth alcohol, acetone, and radio interference.  See our breath testing information under the national tab for more information on the many problems that exist with breath testing and invalid results.

Prior to administering a breath test, the police must observe an Ohio OVI suspect for 20 minutes to ensure nothing is placed into the suspect's mouth.  Failure to comply with the observation period could result in successfull suppression of the breath test results at trial.  If you were not observed for 20 minutes prior to testing, be sure to consult with your attorney.

Many problems with breath testing exist that produces invalid results.  Since these machines are so unreliable, you may be inclined to refuse to submit to the test.  Submitting will be providing the police and the prosecution with evidence to use against you.  Failure to comply, however, will result in a refusal and the Administrative License Agency will suspend your license for a period of one year.  This suspension can be appealed, however, and you should consult with an experienced attorney in your area for more information on fighting your suspension and/or your eligibility for a permit.