November 30, 2010 | Defenses, OVI / DUI Law

Let’s talk about some other defenses to an over the per se limit.

There could be a false positive from consumption of unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops).

If you had something in your mouth prior to the breath test containing alcohol (e.g. Breath Drops with SD alcohol). Something in mouth, that contains interfering or contaminating substance (e.g. Skoal snuff – wintergreen, Altoids).

Did the officer fail to inform you of your right to have a second independent test.

Officer not trained or marginally trained in accordance with the standards of the Ohio Administrative Code.

Officer fails to follow manual or training protocol.

Did the jurisdiction fail to properly calibrate or maintain the machine.

Police report supports sobriety, or lack of investigation of alternative causes.

Rising blood alcohol level showing time of driving BAC would have been lower than time of testing.

Elevated breath temperature (e.g. caused by fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle, etc.)

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

Then Contact Suhre & Associates for your FREE Consultation using the contact form to the left or call our 24 hour Emergency Number at 614-827-2000. Your attorney must be familiar with the procedures utilized in administering the breath test as well as the procedures used to maintain and calibrate the testing equipment.

At Suhre & Associates, our attorneys include an ex police officer and a former prosecuting attorney who are familiar with the law and procedures used to calibrate the breath testing machines. In addition, they are well accustomed to the procedure used in administering the test to a suspect.

The call is FREE and, as always, there is no obligation.