OVI Breath Tests in Warren, Trumbull County, OH

Understanding OVI Breath Tests

When you’re stopped on suspicion of OVI (Operating a Vehicle Impaired) in Warren, Trumbull County, Oh the actions you take and the results of your breath test can have significant legal consequences.

The Legalities of Breath Tests

According to Ohio Revised Code Section 4511.19(D)(1), driving with a blood alcohol concentration (BAC) of 0.08 percent or higher is illegal. If your breath test shows a BAC at or above this limit, the prosecutor will use it as evidence against you, irrespective of your actual impairment. Additionally, if your BAC is over the limit, the Bureau of Motor Vehicles may impose an Administrative License Suspension (ALS).

Key Points:

• Illegal BAC Levels: Driving with a BAC of 0.08 percent or above is prohibited.
• Enhanced Penalties: Drivers with a BAC higher than 0.17 percent face harsher penalties.
• ALS: Your license can be suspended administratively if your BAC exceeds the legal limit.

How BAC Levels Affect Charges

Even if the alcohol you consumed doesn’t impair your ability to walk, talk, or drive, a BAC of 0.08 percent or higher is grounds for legal action. This type of charge is known as a “per se” violation. There are two categories within this charge based on your BAC level:

1. Standard OVI: For BACs between 0.08 and 0.17 percent.
2. High Tier OVI: For BACs of 0.17 percent and above, also known as a “per se high test” OVI.

Refusing a Breath Test

Refusal to take a breath test when asked can also result in an OVI charge. The law assumes that refusal indicates impairment.

Types of Breath Test Machines

In Ohio, police use three main types of breath test machines approved by the Ohio Department of Health:

1. BAC Datamaster
2. Intoxilyzer 5000
3. Intoxilyzer 8000

Portable Breath Test Devices

Officers often carry portable breath test (PBT) devices in their patrol cars. These handheld devices are approved for roadside use, but their results cannot be used as evidence in court. However, they might be referenced during initial hearings to establish probable cause for arrest.

How Breath Test Machines Work

When you take a breath test, you blow into a machine that collects your breath in a chamber. The device shines an infrared light through the sample and measures the absorption of the light by alcohol molecules. This measurement is then used to calculate your BAC.

Breath Test Rules and Regulations

Under Ohio Revised Code Section 4511.19(D)(1), breath tests must be administered within three hours of the initial stop. If this timeframe isn’t met, the evidence becomes inadmissible. The Ohio Department of Health oversees the maintenance, inspection, and calibration of these machines and licenses those who operate them.

Defense Strategies

While defense Warren criminal attorneys can challenge individual test results, they cannot dispute the overall reliability of the breath test machines themselves.

What to Do After Failing a Breath Test

If you’ve failed a breath test, don’t panic.  Warren OVI lawyer Sean Logue has extensive experience in OVI defense and can provide the guidance you need. Reach out to him at (330) 992-3036 to discuss your case.

For more detailed information on how breath tests work and your legal rights, contact Sean Logue today.