OVI Breath Tests in Youngstown

If you are pulled over in Mahoning County for suspicion of operating a vehicle impaired (OVI) and you agree to a chemical breath test, the results can be pivotal. If your test registers a blood alcohol concentration (BAC) of .08 percent or higher, the prosecution will utilize that specific number as the primary evidence against you in court. Under the law, it is irrelevant if you feel sober or believe you are driving safely; operating a vehicle with a BAC at or above the .08 percent threshold is illegal “per se.” Consequently, the county or municipal attorney will pursue a conviction based on that number regardless of your actual physical impairment. Furthermore, the Bureau of Motor Vehicles (BMV) will use a result over the legal limit to administratively suspend your license (ALS) immediately.

Ohio state law is explicit: drivers are prohibited from operating a vehicle if their blood alcohol concentration meets or exceeds 0.08 percent. The statutes also outline significantly enhanced penalties for those convicted of driving with a BAC of 0.17 percent or higher. Regardless of how unaffected your ability to walk, speak, or drive appears to be despite the alcohol consumed, the law draws a hard line. If you are facing these strict “per se” violations, seeking counsel from a Youngstown DUI attorney is often the first step in understanding your defense options.

However, a high BAC number isn’t the only way to be prosecuted. When the alcohol you have consumed renders you appreciably impaired, you can be charged with OVI (Operating a Vehicle Impaired). This charge is distinct from the “per se” violation mentioned above, as it relies on the officer’s observations of your behavior rather than just a machine’s readout. Additionally, refusing to take a breath test can automatically result in an OVI charge and license suspension, as the law often implies that a refusal suggests an awareness of guilt. A qualified Youngstown criminal lawyer can help analyze whether the officer had sufficient cause to request the test in the first place.

When police officers in the area stop a driver and suspect impairment, they will typically request a breath sample. There are three specific machines approved by the Ohio Department of Health for evidentiary use in these scenarios:

• The BAC Datamaster
• The Intoxilyzer 5000
• The Intoxilyzer 8000

Officers also frequently carry handheld devices in their patrol cruisers known as PBTs (Portable Breath Tests). These small gadgets are approved for roadside usage to help officers make quick determinations. The positive news for drivers is that the specific numerical results from these portable handheld machines are generally not admissible as evidence of guilt in a trial. However, a prosecutor may attempt to introduce the results during a preliminary hearing to establish that the officer had “probable cause” to make an arrest. If you are unsure about which device was used during your stop, a Youngstown DUI attorney can review the police report to clarify the admissibility of the evidence.

The state legal system categorizes OVI charges into different tiers based on the level of alcohol present.

• Low Tier: This “per se” variation applies to BAC levels ranging from .08 percent to .169 percent.
• High Tier: This applies to BAC levels of .17 percent and above.
  This upper level is legally referred to as a “high test” OVI, and the official charge is a “per se high test” OVI. The mandatory minimum penalties increase significantly for these high-tier charges compared to the standard tier. Navigating the differences in mandatory sentencing for these tiers often requires the assistance of an experienced Youngstown criminal lawyer.

Youngstown’s Breath Test Machines: How They Work

When a driver suspected of being under the influence submits to a formal breath test, they are instructed to blow air into a specialized machine. The science behind these devices involves the following process:

• Collection: The device contains a chamber that captures the breath sample.
• Infrared Analysis: The machine shines an infrared light through the sample chamber.
• Absorption: Alcohol molecules absorb infrared radiation at a specific, scientifically predictable rate known to the manufacturers.
• Calculation: A sensor at the far end of the chamber measures how much infrared radiation remains. The machine then calculates the amount of light absorbed to produce a reading of the blood alcohol content in your breath.

If you are facing charges, it’s important to consult a knowledgeable Youngstown criminal lawyer who can explain the testing process, challenge the results if necessary, and protect your legal rights.

Breath Test Rules, Regulations, and Laws

The laws governing these tests are found in Ohio Revised Code Section 4511.19(D)(1). This section details the strict statutes, administrative rules, and regulations that law enforcement must follow regarding breath testing and the admissibility of that evidence in a trial. A crucial component of this law is the time limit: breath tests must be administered within three hours of the alleged violation (the initial police stop). If the test occurs outside this window, the result may be deemed inadmissible in court.

Furthermore, the Ohio Department of Health is responsible for monitoring the maintenance, regular inspection, and calibration of these machines. They also issue the necessary permits to the individuals authorized to operate the machines and maintain the logs. While state law generally prevents defense attorneys from attacking the general scientific validity of the machines themselves, a Youngstown DUI attorney can challenge the accuracy of the specific machine used in your case or the credentials of the operator.

A failed breath test does not automatically guarantee a conviction. The Youngstown Criminal Law Group possesses extensive knowledge regarding OVI defense strategies and the technicalities of breath testing. For legal assistance, call 412.387.6901.