Breathalyzer Test / Intoxilyzer 8000
Because driving is considered a privilege rather than a right, all licensed drivers in Ohio agree by driving a vehicle to submit to chemical tests such as a Breathalyzer Test / Intoxilyzer 8000 test if a law enforcement officer suspects they are driving under the influence (DUI). Whereas drivers once incurred administrative penalties for refusing to take these tests, implied consent laws now impose additional criminal penalties on drivers who refuse to submit to Breathalyzer Test / Intoxilyzer 8000 testing.
It is important to understand that there can be flaws in how these tests are conducted, and some officers may not have had probable cause to conduct such tests. If you have been charged with operating a vehicle impaired (OVI) after submitting to a Breathalyzer Test / Intoxilyzer 8000 test you feel was unfairly or improperly administered, or you refused to take the tests, you will want to work with an experienced criminal defense attorney familiar with these Ohio laws.
Dayton Breathalyzer Test / Intoxilyzer 8000 Lawyer
The Joslyn Law Firm helps individuals facing OVI charges in Dayton and such surrounding areas as Kettering, Xenia, New Carlisle, and Springfield. Our Breathalyzer Test / Intoxilyzer 8000 attorneys have a thorough understanding of your rights and required police procedures.
We can investigate your arrest and develop a defense that can help you obtain the most favorable outcome to your case. You can take advantage of a free, confidential consultation by calling the Joslyn Law Firm at (937) 356-3969 or sending us a message online.
Ohio Breathalyzer Test / Intoxilyzer 8000 Information Center
Breathalyzer Test / Intoxilyzer 8000 Process
In a typical stop for suspected OVI, law enforcement will attempt to give two different breath tests:
- Portable Breathalyzer Test — A portable (or preliminary) breathalyzer test (also known as a PBT) is stored in police cars and is used for roadside testing. These hand-held devices are some of the most common forms of testing for DUI stops across the country. Refusing to consent to this test in Ohio leads to arrest. However, not agreeing to the test also prevents the police from obtaining evidence to be used against you. Additionally, PBTs can be highly sensitive to a number of factors that may contribute to inaccurate readings.
- Intoxilyzer 8000 Test — This is the standalone machine at the actual police station. There are additional protocols that officers must follow in conducting this test, including having a senior operator calibrate the device, the individual suspected of drunk driving has to be observed for 20 minutes, and the arresting officer should read the suspect Ohio Form 2255. Refusal to take this test triggers an automatic one-year suspension of your driver’s license, but you again do not allow any evidence to be used against you later. You should be made aware of your right to speak to a criminal defense lawyer before making your decision.
Breathalyzer Test / Intoxilyzer 8000 Defenses
While the results of a breath test can be used to incriminate alleged drunk drivers, a knowledgeable OVI attorney can review the details of the arrest to see if there were any errors in how the test were conducted. Some examples of defenses to breath test results include, but are not limited to:
- Failure to conduct observation period
- Accuracy of Portable Breathalyzer Test
- Accuracy of Intoxilyzer 8000 Test
- Rising Blood Alcohol Concentration (BAC)
- Breath test operator did not have permit
- Breath test not properly operated
- Failure to record instrument certification tests
Even if you refused to submit to a Breathalyzer Test / Intoxilyzer 8000 test, there are additional defenses that could lead to the charges against you being reduced or dismissed. These might include, but are not limited to:
- Illegal stop of your vehicle
- Failure to properly issue Miranda Warnings
- Inaccurate observations by law enforcement officials during field sobriety testing
- Other constitutional or procedural violations by law enforcement
Find the Best Breathalyzer Test / Intoxilyzer 8000 Lawyer in Dayton
If you were arrested for OVI in Montgomery County, you can give yourself the best chance at securing the most favorable outcome to your case by working with a Dayton criminal defense attorney who thoroughly understands the Breathalyzer Test / Intoxilyzer 8000 test process. The Joslyn Law Firm also represents clients in surrounding communities such as Troy, Fairborn, Beavercreek, Huber Heights, and Piqua.
We will make every effort to fight the allegations against you, and you can receive a free consultation to discuss the details of your DUI by sending us a message online or calling our firm at (937) 356-3969. Contact the Joslyn Law Firm today to have our Dayton Breathalyzer Test / Intoxilyzer 8000 lawyer review your case.
