Columbus OVI/DUI Attorney BlogBreath-testing machines have been used for O.V.I. (D.U.I.) in Ohio for decades. Until recently, the breath-testing instruments approved by the Ohio Department of Health (ODH) were the BAC Datamaster and the Intoxilyzer 5000. In 2009, the Ohio Department of Health approved the use of the Intoxilyzer 8000. In addition, the ODH purchased 700 Intoxilyzer 8000s, at a cost of $6.4 million, to be used throughout the state.
Articles Posted in DUI/OVI blood/breath/urine tests
When Does “Expired” Not Really Mean “Expired” In Ohio DUI/OVI Cases?
A police officer is only authorized to administer breath tests in O.V.I. (D.U.I.) cases if the officer has a valid operator’s permit issued by the Ohio Department of Health. To obtain an operator permit, an officer must complete a basic operator training course. Operator permits expire one year after the permit’s issue date, and an officer can apply to renew a permit up to six months before it expires. To renew a permit, an officer must complete an in-service renewal course. These regulations are contained in chapter 3701-53 of the Ohio Administrative Code. A breath test is only admissible if the operator had a valid permit.
For Ohio DUI/OVI, Vega Was Not Just An Unreliable Car
When most people think of “Vega”, they think about the 1970s Chevrolet vehicle, named as one of the “10 most Embarrassing Award Winners in Automotive History” by CarAndDriver.com. When Ohio DUI attorneys think of Vega, we think about the Ohio Supreme Court decision regarding our ability to challenge the reliability of breath testing machines.
You May Refuse To Consent To Ohio DUI/OVI Alcohol Tests…Sometimes
Imagine that the police show up at your door and want to search your house. If you don’t consent, the police can’t search without a warrant or an applicable exception to the warrant requirement. Refusing to consent to a search is not ordinarily a criminal offense. In a recent case from the Ohio Supreme Court, however, the Court concluded that it can be a criminal offense for some people to refuse consent in some circumstances.