Being pulled over on suspicion of driving under the influence (DUI) can be a terrifying experience and our DUI attorneys understand how to defend clients who have failed or refused breathalyzer tests in Cincinnati. However, the more you understand your rights, the better off you will be.
If law enforcement has reasonable suspicion to pull you over, the officer might ask you to submit to a chemical sobriety test. The most common testing method is the breathalyzer test, as most officers prefer convenience and immediate results. Likewise, a suspect in Ohio doesn’t have the right to choose which test to take. Only the police can make that choice.
Let Our Cincinnati DUI Attorneys Help
If you’ve been arrested for a DUI, make sure to talk to one of our experienced Cincinnati DUI attorneys as soon as possible. Patituce & Associates has more than 30 years of criminal defense experience to offer you. We also understand how serious a DUI charge can be. Let us provide you with aggressive legal representation.
How Breath Tests Work
Breathalyzers are machines that use the alcohol content in your breath to determine your overall blood alcohol content (BAC). The portable versions of these devices use infrared spectroscopy. When you blow into the machine, infrared energy is transmitted through the chamber containing your breath sample.
Alcohol molecules will absorb infrared energy, so the device measures the overall amount of energy absorbed. Based on the amount absorbed, the computer calculates the concentration of alcohol in the breath sample.
Accuracy Issues With Breathalyzer Tests in Cincinnati
If your BAC shows a concentration over 0.08%, you are guilty of a DUI. If the machine was used within the first 3 hours of driving, it could be used in court against you. Likewise, it must be analyzed according to the methods approved by the Ohio Department of Health.
The Department of Health also mandates rules for how to maintain these machines and keep them accurate. If the police department doesn’t keep these breathalyzers up to date, its accuracy in measuring BAC would be compromised.
What If I Refuse to Take a Breath Test?
If you refuse to take a breathalyzer test, your driver’s license can be suspended for a year. This is because Ohio has an implied consent law, which means that by getting a driver’s license, you have agreed to take a chemical test if asked to do so by a law enforcement officer.
However, refusing to submit to a breathalyzer test makes it far more difficult for the prosecution to convict you in court.
I Blew Below 0.08 During the Breathalyzer Test. Why Was I Still Charged with a DUI?
There are two different types of charges in Ohio for driving under the influence. One is for having a breath test result over 0.08. This is known as the per se limit. Ohio legislators have made it a crime to have a blood alcohol level of 0.08 or higher.
Driving under the influence is also a separate offense. If you blow below 0.08 on a breath test, a law enforcement officer may still charge you with DUI if he/she believes your driving was impaired even though you are not over or at the legal limit.
Contact Our Skilled Breath Test Attorneys Today
If you’re facing a DUI charge, your driving rights will be on the line. If you depend on your license to earn a living, you might be in serious trouble. Let us help you defend your rights and your freedom. Talk to one of our skilled Cincinnati criminal defense lawyers about your case as soon as possible.
Get your case started by calling us at 513-657-2440 and scheduling a free case review today.