Tag Archives: dayton-duiattorney

Dayton DUI Answers The Question, “Should I Blow?”

To blow or not to blow, that is the question.  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…
Read more

The Wright State Three-Day Weekend Intervention Program (by DaytonDUI)

Information about the Wright State University Weekend Intervention Program can be found at their web site [HERE], or by contacting the Director:  Phyllis Cole, M.A., Director Center for Interventions, Treatment and Addictions Research 110 Medical Sciences Building Wright State University Boonshoft School of Medicine 3640 Colonel Glenn Highway Dayton, OH 45435 (937) (937) 775-3050 Fax:…
Read more

Ohio DUI Blood Test: How to Win A Blood Test Case

In order to successfully defend a blood test case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the whole blood, blood plasma and/or blood serum specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically…
Read more

Did You Sign The Ticket? (by DaytonDUI)

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the  BMV Form 2255 Notice of Administrative License Suspension.  Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that…
Read more

DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

The cornerstone of evidential breath testing is the scientific principle called Henry's law, named after pioneering chemist William Henry in 1803.  Henry's Law states, At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in…
Read more