How Breathalyzer and Field Sobriety Tests Are Challenged in New Lexington
Breath and field sobriety test results can be challenged by comparing them to state testing standards and national roadside testing guidelines. If you’re facing an OVI charge in Perry County, it’s important to look beyond whether the machine was working. Maintenance records and your medical history can also matter.
Where Perry County Test Challenges Are Decided
Perry County Municipal Court handles misdemeanor OVI cases from across the county at the courthouse on North Main Street in New Lexington. In many cases, the defense starts by filing a motion to suppress that challenges the traffic stop, the arrest, or the chemical test.
What Does Ohio Law Require From a Breath Machine?
The Intoxilyzer 8000, one of Ohio’s approved breath testing machines, measures how much infrared light the alcohol in your breath absorbs. Under Ohio Administrative Code Rule 3701-53-04, the machine must run a dry gas control test before and after every breath test, and it must collect two breath samples.
If the control test reading is more than 0.005 off target, the test is stopped. The Intoxilyzer 8000 must also be certified by the state every calendar year.
Can Medical Conditions Affect Test Results?
Yes. Breath machines can pick up alcohol in your mouth, not just from your lungs. Medical conditions like acid reflux can bring alcohol from your stomach into your mouth, which may affect a breath test result.
National Highway Traffic Safety Administration (NHTSA) training also recognizes that some people have trouble with balance tests for reasons that have nothing to do with drinking. These include:
- Inner ear problems
- Back or leg injuries
- Being 50 or more pounds overweight
- Being over age 65
Medical records created before your arrest carry the most weight. These records are often key evidence when challenging field sobriety tests in New Lexington.
What Is the 20-Minute Observation Rule in Ohio?
Before a breath test, the officer must watch you for 20 minutes, or keep you somewhere they would notice if you ate, drank, or vomited. In State v. Steele, the Ohio Supreme Court said an officer could look away for a few seconds without breaking this rule.
Minor issues, such as a single burp, may not be enough to make a result inadmissible. Stronger challenges may be possible when the observation period was shortened, interrupted, or skipped entirely.
What Should You Write Down After a Breath Test?
Notes you write soon after your arrest can be compared with the police paperwork. Write down the answers to these questions as soon as you can:
- Did anyone watch you for 20 minutes?
- Did you vomit before the test?
- How many breath samples did you give?
- Were you wearing heels or boots during the roadside tests?
The officer’s report is usually filed with the court within a few days, so notes you write that same week are the most useful.
Demand the Records Behind Your Breath Result
A breath test result is only as reliable as the machine’s maintenance records and the officer’s observation period. The Law Offices of Saia, Marrocco & Jensen has been recognized for ethical conduct, knowledge of the law, and an aggressive approach, and our attorneys serve Perry County from an office on West Brown Street. Free consultations are available by calling (614) 444-3036, or you can connect with us online.