Category Archives: Breath Testing

Get information on everything related to evidential breath testing in Ohio.

OVI Law: Elimination of Alcohol By Oxidation

ovi lawOVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process.

Alcohol exits the human body by being oxidized by a number of very important enzymes.  Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase).  Over 90% of the ingested alcohol is oxidized in the liver.  The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: [Read the full post. . .]

Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test?

refuse to take a breath testOhio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the “Penalties” [Read the full post. . .]

DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258

DUI case lawFor most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the “general reliability” of a breath alcohol test if it was “conducted in accordance with methods [Read the full post. . .]

personal contact phase

When Stopped On Suspicion of DUI – Should I Blow?

should I blowWhen you are stopped on suspicion of DUI the question becomes – “Should I Blow?”  Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.

Can you answer “TRUE” [Read the full post. . .]

Alcohol And Your Body: A Primer

alcoholAbout 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is dependent on various factors.

  • The higher the percentage in the beverage, the faster the absorption;
  • Are you mixing? Carbonated beverages tend to speed up absorption;
  • Hungry? Food in your stomach slows down the absorption;

When it is absorbed it looks for the water in your [Read the full post. . .]