OVI Breath Tests in Steubenville

If you are pulled over for suspected drunk driving and take a breath test, a result of .08 percent blood alcohol concentration (BAC) will be used by the prosecution as evidence against you. The Jefferson County prosecutor will pursue charges regardless of your actual impairment. Ohio law strictly prohibits operating a vehicle with a BAC at or above 0.08 percent. The Bureau of Motor Vehicles will also utilize this BAC level to suspend your driving privileges administratively through an ALS (administrative license suspension).

Ohio statutes explicitly state that motorists cannot drive if their blood alcohol concentration is 0.08 percent or greater, outlining augmented penalties for those caught driving with a BAC above 0.17 percent. Regardless of how unaffected your normal abilities to walk, speak, and drive may appear, having a BAC of 0.08 percent or higher is completely illegal. If you face these charges, consulting a knowledgeable Steubenville OVI attorney is highly recommended. When alcohol genuinely impairs your ability to drive, you face charges for OVI (operating a vehicle impaired or operating a motor vehicle while under the influence). This offense is separate from the “per se” violation. Declining a breath test automatically triggers an OVI charge, as authorities assume an unimpaired driver would willingly consent.

Portable Devices and Police Procedures

When stopped by officers suspecting impairment, you are typically asked to take a breath test. The Ohio Department of Health approves three specific machines for this: the BAC Datamaster, the Intoxilyzer 5000, and the Intoxilyzer 8000. Officers also carry handheld portable devices, known as PBTs, approved for roadside evaluations. Fortunately, PBT results are inadmissible as trial evidence, though prosecutors may use them during initial hearings to establish probable cause for your arrest. A seasoned Steubenville criminal lawyer can help challenge this early evidence.

“Per Se” and High Tier OVI Charges

Ohio has distinct “per se” OVI variations: one for BACs from 0.08 percent to 0.17 percent, and another for 0.17 percent and above. The latter is termed a “per se high test” or “high tier” OVI, which carries strict, mandatory penalties.

Steubenville’s Breath Test Machines: How They Function

During a test, the suspected drunk driver breathes into the machine. A chamber captures this breath and shines an infrared light through it. A sensor measures the alcohol molecules, as alcohol absorbs infrared radiation at a predictable rate known to scientists. The sensor calculates the absorbed infrared radiation to accurately determine the blood alcohol content. Having a skilled Steubenville criminal lawyer is crucial for examining these technical results.

Breath Test Rules, Regulations, and State Laws

Ohio addresses breath tests within Revised Code Section 4511.19(D)(1). This law establishes the regulations and rules for breath tests, detailing what evidence is permissible in court. It mandates that tests must occur within three hours of the initial police stop; otherwise, the evidence becomes inadmissible. The Ohio Department of Health monitors the calibration, inspection, and maintenance of these machines, issuing permits to their operators. State law permits a lawyer to attack the accuracy of specific test results, but not the overall reliability of the approved testing machines.

Contact the Youngstown Criminal Law Group

Failing a breath test does not guarantee a conviction. Sean Logue from the Youngstown Criminal Law Group possesses deep knowledge and extensive experience in OVI defense. Contact a reliable Steubenville OVI attorney by calling (330) 791-8104 for initial consultation.