A little BackGround About Ohio Dui Laws

Ohio's main breath testing machine is the BAC DataMaster. The two other primary machines are the Intoxilyzer 5000 and the BAC Verifier (which is not manufactured any longer). These machines use a principle called infrared analysis. There are newer models of these machines approved for use in Ohio.

Most of what you read on the interent relating to problems with blood, breath, and urine cannot be advanced by a defendant in Ohio. In 1984, the Ohio Supreme Court severely limited the defenses a defendant can present concerning the "General Relibablity" of Ohio's testing program. In other words, Ohio DUI defense lawyers must primarily focus on the Ohio Department of Health regulations for problems with blood, breath, and urine.

It is critical that every single lawyer who represents a DUI motorist who gave a blood, breath, or urine sample be extremely familiar with Ohio's regulations concerning each type of sample.


WHAT IS AN "INVALID SAMPLE"?

An "Invalid Sample" is an error code on the BAC DataMaster. It alerts the operator to the presence of an interferant. In 1998, the Ohio Department of Health issued a memo to all Ohio police departments advising them to immediately begin a new step in the testing sequence. In the event of an "Invalid Sample", the operator is to wait 20 minutes before re-testing. Unfortunately, most judges do not recognize this memo as having the force and effect of law.

Accordingly, each lawyer facing an "Invalid Sample" case, must present a compelling argument that the ODH memo must be considered as a regulation and failure to follow the memo should lead to suppression of the breath test. . At least one judge in Ohio has ruled this way (Judge William Finnegan, former Marion County Municipal Court, in State vs. Miers, 01-02-04).