Subscribe to LexTalk to stay on top of today’s legal issue and trends.
Catapult Your Career |
Industry Insights & Trends |
Product Training & Tips
If you are arrested for an OVI in Dayton Ohio, you will likely be subjected to some type of testing in order to determine your level of intoxication. The results from breath, blood or urine testing are vital in the OVI charge against you and may be used in a court of law to convict you for operating your vehicle while under the influence of drugs or alcohol.
The Breath Test
It is illegal in the state of Ohio to drive a car with a blood alcohol concentration (BAC) of .08 or above. If a police officer suspects that you are driving with a BAC above .08, he or she may ask you to submit to a breath test using a breathalyzer machine.
When you blow air into a breathalyzer the machine is able to measure the concentration of alcohol in the air coming your lungs. The concentration of alcohol in the air in your lungs is directly related to the concentration of alcohol in your bloodstream. The machine then prints out the concentration level on a ticket for the police office to keep as evidence of your BAC at the time of OVI charge.
State statutes and the Ohio Department of Health regulations govern a police officer’s use of breathalyzers. State statute requires that the test be administered within three hours of the OVI charge and analyzed using methods approved by the Department of Health. Further, regulations by the Department outline rules for properly maintaining the machines, checking the machines accuracy, and issuing operator permits.
The Department of Health has only approved three breathalyzer machines to be used to test your BAC: the BAC Datamaster, the Intoxilyzer 5000, and the Intoxilyzer 8000.
The police officer may also ask you to blow into a portable breath tester immediately after you are pulled over, however, you may legally refuse this test and the results are inadmissible against you in court.
If you are stopped by a police office and refuse to submit to a breathalyzer, the officer may suspend your driver’s license effective immediately.
The Blood Test
If you refuse to submit to a breathalyzer test, the police officer may administer a blood test to measure your BAC - even without your consent. However, the officer will first have to get a search warrant issued by a judge prior to drawing your blood. If the officer secures such a warrant, a medical professional will draw your blood.
The Urine Test
The police office may ask you to give a urine sample in order to test your BAC. The sample must be requested and given within three hours of the alleged OVI. If the sample is collected any later, the evidence will not be admissible against you in court. Further, the sample must be collected with a witness present in order to confirm the sample is genuine.
If you have been arrested and charged with an OVI, contact us today at Suhre & Associates, LLC. Our Dayton OVI/DUI attorneys want to help you build the best defense possible against any drunk driving-related charges.