Tag Archives: evidential breath testing

Ohio OVI Breath Testing – Bigger Is Better?

The Intoxilyzer 8000 breath testing machine adopted by Ohio in all 88 counties differs significantly from the Intoxilyzer 5000 machine that has been used for years.   Both machines operate using INFRARED ABSORPTION to analyze breath samples.  The sample (deep lung aveolar air) is blown into the sample chamber and then excited by an infrared…
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Rowland Attends 19th Annual Mastering Science In A DUI/DWI Seminar

Today I am attending the 19th Annual Mastering Science in a DUI/DWI case in New Orleans, Louisiana.  The seminar is a gathering of eminent DUI attorneys from around the country and focuses on the latest techniques in using science to defend clients accused of impaired driving.  The seminar was founded by William C. ―Bubba‖ Head, one…
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Case Law Update: State v. Kitzler

State v. Kitzler, 2011-Ohio-5444 (3rd District Court of Appeals, Wyandot County). This odd decision involves the Intoxilyzer 8000 breath test machine and a test result which did not satisfy the .020 agreement. FACTS: Defendant was stopped for not dimming his headlights and for marked lane violations.  He was asked to perform the standardized field sobriety…
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Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Help your attorney defend your case by creating a credible time-line of events. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.  The time…
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Dayton DUI Law: The GERD Defense

Regurgitation and Reflux are not the same thing!  Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample.  The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician…
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Why Allowing Junk Science in the Courtroom is Hurting Our System

When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the…
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I Did Not Refuse!

If you were tested on an Intoxilyzer 5000 breath test machine, the source-code (software inside the machine) may have been rigged against you.  One of the most dramatic happenings in the science of a DUI has been the developments of the source-code battle taking place in Minnesota.  Ohio has recently rejected the Ohio-made BAC DataMaster…
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Fighting for Fairness in DUI Law

As anyone who follows this blog regularly knows, I have a deep and abiding hatred for the 1984 Ohio Supreme Court decision in State vs. Vega (1984), 12 Ohio St.3d 185, 465 N.E.2d 1303.  Vega has come to stand for the proposition that an attorney may challenge the particulars of his client's evidential breath test,…
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Radio Frequency Interference

Image via Wikipedia Radio frequency interference (RFI) or electromagnetic interference can arise when radio signals transmitted in proximity to a breath testing instrument are amplified in a way indistinguishable from electronic signals generated by the instrument during an analysis.  Most instruments are shielded from such interference, have RFI detectors that prevent testing if significant RFI…
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Rowland Receives Training on the Intoxilyzer 8000

Image via Wikipedia What You Need to Know about Breath Tests & the Intoxilyzer 8000 Today Charles M. Rowland is attending a seminar involving advanced DUI training on the Intoxilyzer 8000 breath test machine.  Speakers, experts, nationally recognized attorneys and former police officers will give their stories about the shortcomings of the Intoxilyzer 8000 and…
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