Evidential Breath Testing: Ohio Administrative Code 3701-53-01

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In Ohio, the Director of Health adopts Administrative rules which govern analytical testing for evidential use.  It is important that your Ohio DUI attorney understand these codes and how they affect your breath test results.  O.A.C. 3701-53-01 sets forth the methods or techniques which are approved to test blood, breath, urine or other bodily substances.  One of the things your OVI attorney should not overlook is the requirement in section (B) which requires the testing facility to have a copy of the written procedure manual on file in the area where the analytical tests are performed.

3701-53-01 Techniques or methods.

(A) Tests to determine the concentration of alcohol may be applied to blood, breath, urine, or other bodily substances. Results shall be expressed as equivalent to:

  1. Grams by weight of alcohol per one hundred milliliters of whole blood, blood serum or plasma (grams per cent by weight);
  2. Grams by weight of alcohol per two hundred ten liters of deep lung breath;
  3. Grams by weight of alcohol per one hundred milliliters of urine (grams per cent by weight).
  4. Nanograms by weight of a controlled substances or a metabolite or a controlled substance per milliliter of blood, urine, or other bodily substance.

The results of the tests shall be retained for not less than three years.

(B) At least one copy of the written procedure manual required by paragraph (D) of rule 3701-53-06 of the Administrative Code for performing blood, urine, or other bodily substance tests shall be on file in the area where the analytical tests are performed.

If you find yourself in need of an attorney who dedicates his practice to the defense of the accused drunk driver, contact Ohio OVI attorney Charles M. Rowland II.  Charles is a former city prosecutor, is certified on both the Intoxilyzer 8000 and the BAC DataMaster evidential breath test machines, has been certified in forensic sobriety assessment, has been utilized as an expert witness on evidential breath testing by the United States in court martial proceedings, and has received the same NHTSA-approved training as law enforcement personnel on the standardized field sobriety tests.   Charlie says, "All I do is DUI defense."

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