OVI/DUI Portable Breath Test Frequently Asked Questions
A: In Ohio, if you refuse to take a breathalyzer test you will immediately lose your license for one (1) year on a first offense within a 10-year period and you will not be able to drive for at least 30 days. The penalties increase dramatically for each time that you refuse to take a breathalyzer test within a 10-year period of time.
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Portable Breath Tests Can Hurt Your Ohio OVI/DUI Defense
Portable Breath Tests are often used on the roadside by police officers during OVI/DUI traffic stops in an effort to corroborate all other evidence and to confirm police judgment as to whether an individual is impaired.
It is important to know your rights during an OVI/DUI traffic stop. There is no law in Ohio requiring an individual to submit to a Portable Breath Test at the request of a police officer during an OVI/DUI traffic stop. Prosecutors can’t admit the results of Portable Breath Tests at trial in order to convict individuals for OVI offenses or DUI offenses or in OVI/DUI cases throughout Ohio. The results of Portable Breath Tests, however, can be admitted in court to prove that probable cause existed for police to arrest an individual for an OVI/DUI offense.
Police agencies throughout Ohio often use many different brands of Portable Breath Tests and there is no uniform standard for testing and calibrating such devices. As such, the results of Portable Breath Tests are not considered sufficiently reliable to prove an OVI/DUI conviction at trial. The reality is that the results of Portable Breath Tests can only hurt an individual’s OVI/DUI case.
Criminal defense attorney Michael Probst has represented many clients arrested and charged with an OVI/DUI offense in Columbus and throughout Ohio who have made challenges that involve Portable Breath Tests administered by police officers during OVI/DUI traffic stops. It is extremely important in every case to review all evidence, including the results of Portable Breath Tests, in Columbus OVI/DUI cases and OVI/DUI cases throughout Ohio. Our DUI attorney has the knowledge and experience to attack and defend many kinds of OVI/DUI cases, including those OVI/DUI cases where individuals have submitted to Portable Breath Tests during OVI/DUI traffic stops.
Contact A Columbus OVI/DUI Lawyer
If you are facing a DUI or OVI charge in Columbus or throughout Ohio, contact attorney Michael S. Probst. As a former prosecutor and criminal defense attorney with more than a decade of criminal law experience, I have handled numerous drunk driving cases. I also handle Felony OVI cases in counties, such as Franklin County, Delaware County, Union County, Pickaway County, Madison County and Fairfield County, as well as in cities, such as Upper Arlington, Worthington, Westerville, Dublin, Grandview and Marysville.
I offer a free consultation to discuss your case. To contact my law office in Columbus, Ohio, call 614-232-8890.