If you have been arrested in Ohio and are facing charges related to drunk driving, it’s important to understand your rights and options. While many people wrongly believe that it’s impossible to successfully defend against DUI and OVI charges, in truth drunk driving cases are often quite complex and there are a number of factors that must be thoroughly and closely examined which can impact the outcome of a case including the validity of a Breathalyzer test.
Breathalyzer Tests Are Not Always Accurate
Depending on the specific circumstances of your case, there may be a number of defenses that can be presented to dispute the validity of a Breathalyzer test. Some of the most common include:
• Police Officer lacked proper training – A Breathalyzer test must be administered by a police officer who is trained on how to both correctly administer and read test results.
• Breathalyzer device was not correctly calibrated – A Breathalyzer device is just, that a device which must be calibrated and working properly in order to yield accurate results. If there is no evidence to prove that a device was stored correctly or properly maintained, doubts may be raised about the validity of the test results.
• Police Officer who conducted Breathalyzer test does not testify – Under the Sixth Amendment of the U.S. Constitution, you have the right to cross examine individuals who are testifying against you at a hearing. If one or more of the officers who were present while a Breathalyzer was administered are not present at your hearing, you can raise Constitutional objections.
A DUI or OVI conviction can have serious and far-reaching repercussions including hefty fines, time in jail and the suspension of your driver’s license. If you are facing drunk driving charges, it’s wise to reach out to a criminal defense attorney for help. There are a number of defenses that can be raised in DUI and OVI cases one of which relates to the validity of Breathalyzer test results.
