November 16, 2010 | Defenses

After a police officer arrests a suspect for DUI, they will most likely transport them back to the police station and ask them to submit to a blood, breath or urine test. In Ohio, the arrested does not have a choice which test to submit to.

The most common testing method is the breath test. Police agencies typically use the Intoxilizer 5000 or the Intoxilizer 8000. Law enforcement prefers the breath test because it is convenient, the simplest to administer, and the results are available immediately. The admissibility of the breath test is based on the guidelines set forth by the Ohio Department of Health.

These rules are found in the Ohio Administrative Code at OAC Chapter 3701-53. O.R.C. 4511.19(D) sets out a three-hour limitation on the collection of your blood, breath or urine.

This three-hour period begins at the time of the violation, not at the time of arrest. If the test is not conducted within the three-hour period it may be inadmissible to support a prosecution under O.R.C. 4511.19(A)(1)(b)-(i). An important part of the attorney’s investigation will be determining the time of the alleged violation (most commonly determined by the time of the traffic stop) and comparing that to the time of the breath test.

This defense becomes especially important in single car auto accidents where neither the police nor any witnesses saw the accident occur.

Further, we constantly update our data base of applicable case law that relates to a Columbus Ohio OVI arrest. This allows us to always be well advised on any changes in Ohio law and how those changes may effect your case.

Need Professional Help With Your DUI arrest in or near Columbus, Ohio?

Contact Suhre & Associates for your FREE Consultation using the contact form on the homepage or call our 24 hour Emergency Number at 614-914-4822. Our Columbus DUI attorneys include a former Ohio prosecuting attorney and a former Ohio police officer.