Tag Archives: breath test

When Stopped On Suspicion of DUI – Should I Blow?

When 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…
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Dayton DUI: Breath Test Defenses in Ohio

This article will highlight DUI breath test defenses available to people in Ohio.  As we have extensively written on the topic of DUI breath test defenses, this article will direct you to some of the most popular past articles.  If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk…
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OVI Breath Tests: Faulty Assumptions

Why do Ohio OVI attorneys question OVI breath tests? Each of our lungs contain about 300 million small air sacs called “alveoli” that are responsible for the air exchange that keeps us alive.  In the alveoli, oxygen from the inhaled air is exchanged for carbon dioxide.  Air finds its way to the alveoli via the…
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Driving Privileges: Hard Time

15 days if you took the test, 30 days if you did not (First Offense) If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and…
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Unintended Consequences of an Ohio DUI Charge

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI) charge. 1. Child Custody - If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction…
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Dayton OVI: OVI Breath Test Defenses

This article will highlight OVI breath test defenses available to people in Ohio.  As we have extensively written on the topic of OVI breath test defenses, this article will direct you to some of the most popular past articles.  If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk Driving) please…
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Problems with the Intoxilyzer 8000

If you have been charged with OVI (drunk driving) based on a test on the Inoxilyzer 8000, let Charles M. Rowland II defend your case.  He was the first private attorney in Ohio to be certified as an operator of the Intoxilyzer 8000, he is Ohio's only Forensic Sobriety Assessment certified attorney, and  he limits…
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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is…
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Athens Judge Throws Out Intoxilyzer 8000 Rules

State v. Moore (12 TRC 1842) and State v. Montague (12 TRC 3773) Athens Municipal Court In another in a series of troubles for the implementation of Ohio's newest breath test machine, Judge Grimm in Athens County has halted use of the Intoxilyzer 8000.  Courts throughout Ohio must decide how, given this ruling, they will…
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