How Breath Tests Are Done In Ohio
Not long ago, Ohio joined a number of other states in using a breath test device for measuring blood alcohol content, the Intoxilyzer 8000, manufactured by CMI, Inc. There are many questions about the accuracy of this device and the breath test results. If you have been arrested for drunk driving in Ohio and you took a breath test, an experienced attorney may be able to challenge the results and get your case dismissed.
At John Shryock Co. L.P.A., we have more than 40 years of legal experience, and we are very familiar with the problematic Intoxilyzer 8000. We have successfully defended hundreds of DUI/OVI cases, and we will work diligently to protect your rights and your future after a drunk driving arrest. You don’t have to go to Cleveland for quality representation – you can find us right here in Lake County.
For a free consultation with a Lake County OVI defense attorney, call (440) 373-7587. We serve clients in Cuyahoga County, Geauga County, Cleveland and across Northeast Ohio.
What Are The Problems With The Breath Test Device?
Across the county, there are many pending lawsuits against CMI because the company has refused to release the source code the machine uses. Without the code, it is extremely difficult for any independent lab to verify that the test results are accurate.
As experienced DUI attorneys, we know how to challenge the results of the breath tests. We aggressively fight these results because we believe it is unjust to allow people to be convicted based on a possibly inaccurate test result.
Aside from the accuracy, we will investigate other issues, such as:
- Was the officer who gave you the test properly trained to use the machine?
- Was the initial traffic stop legal?
- Do you have pre-existing conditions that might make a breath test reading inaccurate?
What About Refusing A Breath Test?
In Ohio, breath test refusal is a separate crime, usually charged in addition to the DUI/OVI charge. The penalties for refusal are often higher than those for a standard OVI conviction, so refusing a breath test is something that we do not recommend.