OVI Breath Tests in Cadiz

Cadiz OVI lawyer Sean Logue understands the complexities surrounding OVI cases and breath tests. If you’re stopped on suspicion of OVI in Harrison County and agree to a breath test that shows a blood alcohol concentration (BAC) of .08% or higher, the prosecutor will likely use that result as evidence against you in court. Even if you don’t feel impaired, Ohio law defines it illegal to drive with a BAC at or above 0.08%. Furthermore, the Bureau of Motor Vehicles will initiate an Administrative License Suspension (ALS) if your test exceeds this limit, adding another layer of implications.

Understanding Ohio BAC Laws 

Ohio law explicitly states that operating a vehicle with a BAC of 0.08% or higher is illegal. However, for those caught driving with a BAC of 0.17% or higher, the penalties increase significantly—a category known as “high tier” or “per se high test” OVI. The severity of these charges and penalties doesn’t depend on how well you can walk, talk, or drive; the BAC level itself serves as evidence.

If you’ve consumed alcohol to the point of impairment that affects your ability to safely operate a vehicle, you can face an “Operational OVI” charge. This differs from “per se” OVIs, which are based strictly on your BAC reading. Refusing a breath test typically leads to an automatic OVI charge under the assumption that you are likely impaired. Call a Cadiz criminal lawyer if you’re unsure about your legal position.

What Happens During a Breath Test?

When police suspect you’re driving under the influence, they may request a breath test using devices approved by the Ohio Department of Health (ODH), such as:

• BAC Datamaster
• Intoxilyzer 5000
• Intoxilyzer 8000

Additionally, officers often carry portable breath test devices (referred to as PBTs) in their cruisers. These handheld devices can be used during roadside stops. However, PBT results are inadmissible in court as evidence. Prosecutors may attempt to use them for establishing probable cause during a preliminary hearing, but they cannot serve as definitive evidence in your trial.

Per Se and High Tier OVI Charges

“Per se” OVI charges are categorized based on BAC levels:

• Standard Per Se OVI – BAC between 0.08% and 0.17%
• High Test OVI – BAC of 0.17% or higher

Both variations come with mandatory penalties, which could include license suspensions, fines, and even jail time. Seeking the guidance of a Cadiz OVI lawyer can help you better understand your rights and build your defense.

How Breath Test Machines Work

Breath test machines measure alcohol in your system through infrared spectroscopy. After you exhale into the machine, the device collects your breath sample in a chamber and shines infrared light through it. Alcohol molecules absorb infrared radiation predictably. By measuring this absorption, the machine calculates your BAC. These devices are meticulously designed, calibrated, and maintained under the supervision of the Ohio Department of Health.

Understanding Ohio’s Rules on Breath Tests

Breath tests must comply with strict rules and timeframes set out in Ohio Revised Code Section 4511.19(D)(1):

• The test must be administered within three hours of the initial traffic stop.
• Machines must be regularly maintained, inspected, and calibrated by professionals licensed by the Ohio Department of Health.

Failing to adhere to these regulations can result in the breath test evidence being rendered inadmissible at trial. A Cadiz traffic ticket lawyer may be able to challenge the test results, although Ohio law permits questioning the accuracy of individual test results only—not the reliability of the machines themselves.

What Should You Do After a Failed Breath Test?

A failed breath test doesn’t mean your case is hopeless. Sean Logue, a seasoned Cadiz criminal lawyer, has extensive experience handling OVI defenses and can identify weaknesses in the state’s evidence. Whether it’s challenging police procedures or technical errors in administering the test, an experienced lawyer can make a difference in your case.

If you face a charge in Harrison County, time is of the essence. Contact Sean Logue at the Youngstown Criminal Law Group at (330) 992-3036 to discuss your options today.