Fighting Chemical Tests in Cincinnati
Work With a Top DUI Defense Attorney
Before you can be arrested on charges of drunk driving, your arresting officer must have solid evidence to prove that you were intoxicated.
In most cases, this evidence is obtained by having the driver submit to a chemical test that determines his or her blood alcohol concentration (BAC). Drivers whose BAC content readings are at 0.08% or higher can be lawfully arrested for drunk driving. At this point, you are likely in need of a Cincinnati DUI attorney.
Types of Chemical Tests
Blood tests are rarely ever conducted by police officers. A police officer will require the suspected drunk driver to have a blood sample taken at a nearby hospital or the local sheriff's station. The sample will be tested in a lab to determine the BAC content. Blood tests can produce false results if they are mishandled or contaminated during processing. Machines used to analyze the blood sample must be properly calibrated to generate a correct reading. Our legal team can investigate your case to see if there is any way that the evidence from your blood test can be thrown out.
The most common means of determining the BAC of a suspected drunk driver is to have the driver blow into a breath test machine. The alcohol in a person's bloodstream diffuses into the lungs when it passes through the blood vessels surrounding the lungs. Breath test machines measure the volume of alcohol that is being diffused into the person's lungs and can provide a calculation of the person's BAC.
These machines are sensitive and must be properly calibrated before use to result in a fair reading. The officer must also be sure that the driver correctly blows into the machine to collect a proper sample. Recently in Ohio, the Intoxilyzer 8000 breath test machine model has been highly disputed regarding its accuracy and reliability. A 2013 case, State of Ohio v. Chelsea Lancaster, resulted in a judge ruling that Intoxilyzer 8000 results "are not scientifically reliable," and many Ohio defense lawyers believe it to be a landmark ruling that advances a new interpretation of State v. Vega, which prosecutors have relied on to hinder challenges to Ohio DUI chemical tests, according to the Ohio Association of Criminal Defense Lawyers. Our firm could provide a solid argument against your BAC test results if an Intoxilyzer 8000 was used for your case.
Another way to analyze BAC is to have a person submit to a urine test. For the test to be valid, the person's urine must be collected by a qualified person within three hours of the alleged offense. The sample will then be analyzed in a lab using machines that must be properly calibrated to get a correct result.
Penalties for Refusing a Chemical Test
ORC § 4511.191(B)1 states that anyone who refuses to submit to a chemical test will have his or her driver's license immediately suspended for one year. A second offense within six years of a chemical test refusal or a DUI conviction will result in a suspension of two years. If a person has two prior convictions of refusing a chemical test and/or of DUI, then his or her license will be suspended for three years. More than two prior convictions of refusals and/or DUI will result in a license suspension of five years.
Consult a DUI Attorney in Cincinnati, OH
Only an experienced and knowledgeable Cincinnati DUI lawyer will be able to fight your chemical test results. At Herzner Law, LLC, we understand how chemical tests work and how to fight them. Our team can thoroughly investigate the circumstances of your OVI test to determine whether misconduct, mishandling, or contamination affected your results. Our team includes a former police officer who knows the procedures for administering breath tests, so do not hesitate to learn how we can handle your case.
We offer free telephone consultations 24/7, including evenings and weekends. Contact our firm today at (513) 280-8405!