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Breath Test

Ohio is an implied consent state. This means that if you drive on the roads, you have already consented to taking a breath test if you are lawfully requested to do so by a aw enforcement officer. Although you can refuse breath testing, there are additional sanctions that you will be subject to, including an immediate administrative driver's license suspension in the event of a refusal or failed test.

This all makes a compelling case for cooperation with the authorities. Although it is often not in your best interest to undergo the chemical testing. Whether you should take the breath test depends on many factors, not the least of which is the fact that it is more difficult to convict a person of drunk driving when the prosecutor has no concrete evidence to confirm guilt.

Remember that breath testing is not infallible. Serious problems exist with the breathalyzer machines used in Ohio, including the Intoxilyzer 8000. Although these machines are used to detect alcohol content levels through breath, the results are not only acurate or reliable. Procedures used by the arresting officers to conduct the test may be handled improperly. Violations of your constitutional rights and lack of Miranda Warnings may also be a factor that your legal counsel can use to your advantage.

DUI Breath Test Attorney in Cincinnati, Ohio

For those who are currently facing charges of drunk driving after refusing to take a breath test or failing the test, it is imperative that you immediately consider your legal options. Our defense attorneys at Joslyn Law Firm has developed their practice around providing straightforward, fact-based and proactive representation that analyzes every aspect of your breath test. Our team is located in Hamilton County, OH, and considers the protection of your constitutional rights during this process to be of the utmost importance.

Joslyn Law Firm offers comprehensive legal counsel and handles every aspect of your case, including your license suspension hearing. We make it a priority to keep you up to date and well informed on the proceedings. We provide a transparent environment where communication is encouraged. This emphasis on communication, along with a commitment to offering cost-effective legal counsel, is a reason why many of our cases are received through referrals.

As a Cincinnati based law firm, we are conveniently located for all residents of central Ohio. We proudly represent individuals and families throughout Hamilton County, along with the cities of Hamilton, Middletown, Norwood and Lebanon, Oxford, Mason, Fairfield and Butler, among many others.

Joslyn Law Firm offers free and confidential consultations where you can discuss the details of your OVI breath test case and consider options on how to proceed. To schedule a time to meet with a dedicated lawyer from our firm, please call (513) 339-6289 or send an online message today.


Breath Test Laws and Procedures in Ohio


Equipment Used to Measure BAC through Breath Testing

Ohio law enforcement officers, including the Cincinnati Police and OSHP, will take every opportunity necessary to measure the alcohol or drug levels of suspected offenders after a traffic stop. One of the most effective and cheapest ways of measuring the breath alcohol concentration is the breathalyzer test.

In Ohio, there are separate instances when a person might be asked to take a breathalyzer test. First, during the initial stop using a portable device. Secondly, the person may be asked to submit to testing at the police station using a breathalyzer machine approved in Ohio, such as the Intoxilyzer 8000.

During the DUI investigation, the police officer at the scene is required to read refusal of chemical testing warnings to the alleged offender under ORC §4511.192. These warnings are provided to advise the driver of the consequences of refusing to submit to chemical testing. The portable device test is not mandatory and will lead to additional evidence against you, if taken and failed.

The second opportunity that officer has to ask you to submit to a test is at the station after an arrest has taken place. In Ohio, the breathalyzer instruments approved for use in this state include the Intoxilyxer 8000, Intoxilyzer 5000 series 66, 68, and 68 EN, the the BAC DataMaster, BAC DataMaster K, and the BAC DataMaster cdm.

You will be told you can blow or refuse. A refusal at this point will lead to an automatic suspension of your driver's license for a year. There are additional repercussions if you have a commercial drivers license.


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Working with a DUI Lawyer After a Failed Breath Test in Hamilton County

If you have recently been charged with a OVI or a refusal to submit to a breath test in Ohio, it is paramount that you meet these allegations head on with a capable lawyer who can effectively guide you through this complicated process. Police officers and the laws that they are meant to enforce provide little leeway when it comes to refusing to comply. With this being the case, it's important to build a strong defense to avoid criminal or administrative sanctions.

The DUI defense attorneys in Cincinnati, Ohio, at Joslyn Law Firm are dedicated to protecting your rights and your future from a legal situation that can have serious, far-reaching consequences. The attorneys at Joslyn Law Firm will use their extensive legal understanding and knowledge of Ohio statutes to help you fight for a positive outcome, including case dismissal or a not guilty verdict. In the case of a failed breath test, this may even mean pursuing motions to suppress evidence.

We are proud to continue our tradition of offering dedicated counsel and honest communication with our clients throughout Central Ohio. This includes individuals who refused or failed a DUI breath test in Cincinnati, Hamilton, Forest Park, Pickerington, Middletown, Loveland, and surrounding areas.

If you have been arrested for driving under the influence, Joslyn Law Firm is ready to get started on your defense right away. Please call (513) 339-6289 or send an online message to schedule a risk-free consultation with an experienced defense lawyer from our firm.

This article was last updated on Thursday, August 20, 2015.

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