Breath Tests

When law enforcement suspects someone of operating a vehicle while intoxicated, they typically request a chemical test to measure the driver’s blood alcohol concentration. Among the most frequently used methods is breath analysis, which involves examining a sample of the suspect’s exhaled air. Officers may utilize either portable devices for roadside testing or stationary equipment at police facilities.

Prior to conducting the test, officers must present the driver with a DL-26 form, commonly referred to as the “O’Connell warning.” This document serves as an implied consent notification. While these testing devices are widely used, they are not without their limitations and potential for error. When a person consents to testing and their blood alcohol concentration registers at 0.08 or above, they face DUI charges. However, operator errors and technical malfunctions can sometimes lead to case dismissals.

Ohio Breath Testing Procedures and Methods

Understanding how breath analysis works in Ohio requires examining the two primary types of tests employed by law enforcement:

Portable Breath Tests (PBT)

These preliminary screenings occur at the roadside when officers suspect impaired driving. Common devices include the Intoxilyzer 500, AlcoCheck, and BACmaster. During this process, the suspected driver exhales into the portable unit, and the results may establish probable cause for additional testing. A skilled Steubenville criminal lawyer understands that while portable breath tests display results on LCD screens without providing printed documentation, drivers maintain the right to refuse these tests, and courts cannot admit their results as evidence.

Evidential Breath Tests (EBT)

Stationary breath analysis utilizes larger machines housed at police stations. Refusing this test carries severe penalties under Ohio law. State regulations mandate multiple breath samples to ensure result reliability. These tests produce printed documentation that serves as admissible court evidence. Ohio approves several machines for official use, including Alco test, DataMaster, and various Breathalyzer models.

Common Issues with Breath Testing Equipment

Although breath analysis machines are generally considered reliable for measuring blood alcohol content, various factors can produce inaccurate readings. A knowledgeable Steubenville DUI attorney recognizes these potential problems:

• Software malfunctions or programming errors
• Environmental conditions affecting device performance
• Electromagnetic interference (EMI) or radiofrequency interference (RFI)
• Blood-breath partition ratio assumptions leading to BAC overestimation
• Inadequate device maintenance and calibration
• Detection of non-ethyl alcohol substances affecting results

Operator Error in Breath Testing

The reliability of breath analysis heavily depends on proper administration by trained personnel. Mistakes during the testing process can result in case dismissals, as inaccurate blood alcohol content readings become inadmissible evidence. Common operator errors include:

• Administration by non-certified officers
• Testing during peak alcohol absorption periods
• Significant variations between BAC samples
• Failure to collect samples within required timeframes
• Omitting mandatory observation periods
• Improper machine calibration procedures

Breath Testing Machines Used in Ohio DUI Cases

Ohio law enforcement agencies utilize three primary breath analysis machines to detect alcohol impairment: the Intoxilyzer 8000, DataMaster, and Intoxilyzer 5000. Each device operates with distinct programming and methodologies. Experienced Steubenville DUI attorneys must thoroughly understand these differences to effectively challenge test results and operator qualifications.

When defending clients against breath test-based charges, competent attorneys examine two critical factors. First, they investigate machine calibration, including completion dates, responsible personnel, and proper training documentation. Calibration accuracy remains paramount to test validity.

Second, they scrutinize the machine operator’s qualifications. Current licensing, ongoing training participation, and proper test administration all factor into building effective defenses. A qualified Steubenville criminal lawyer knows that operator error significantly increases dismissal possibilities.

Challenging Breath Test Results in Court

Fortunately for defendants facing DUI charges, many breath testing machines previously used in Ohio have demonstrated reliability issues. Recent court decisions have questioned their effectiveness, making it more feasible to suppress or dismiss Blood Alcohol Concentration readings obtained through breath analysis. However, blood testing has become increasingly common as an alternative to breath analysis.

Legal Representation for DUI Charges

Facing Driving Under the Influence charges based on breath test results requires experienced legal representation. Understanding breath testing machines, their limitations, and proper administration procedures is crucial for mounting successful defenses. A knowledgeable Steubenville DUI attorney can identify potential issues with calibration, operator qualifications, and testing procedures.

At our law group, we serve clients throughout Ohio with comprehensive DUI defense services. We offer free initial consultations to discuss your case and potential defense strategies. Contact us today at 844.PITT.DUI to learn how we can help protect your rights and freedom.

Don’t wait to seek legal representation. DUI charges carry serious consequences, and unreliable testing equipment combined with improperly trained operators can compromise your case. The longer you delay in obtaining qualified legal counsel, the more difficult it becomes to challenge evidence or negotiate favorable outcomes. With experienced Steubenville criminal lawyers who understand breath testing complexities, you’ll have dedicated advocates working to protect your future.