September 21, 2012 | Breath Tests
The regulations are poorly written where they say an officer that was issued a “permit” to operate the old breath testing devices can only use those breath test devices that they have been issued a “permit” for. This is a problem because the new machine requires an “access card.”
There is also another argument that the Department of Health in Ohio failed to draft adequate regulations to comply with their duty to ensure the breath test operators of the 8000 machine have adequate qualifications.
There are regulations for qualifications to run a lab to test blood and urine. There are extensive regulations that operators of the old breath test machines (5000 series and Datamaster). These old machines required that you have an operator “permit” or senior operator “permit.”
The new machine just requires that you apply on a form prescribed by the director of the Dept. of Health and you will be issued a permit. It never expires and only requires that you be run a test once a year to stay proficient.
This area of law for the new 8000 breath test machine is evolving almost daily and will continue to do so for the next year or more. This means that you should consult a lawyer familiar with the Intoxilyzer 8000 if you have been asked to take a breath test and charged with a DUI in Dayton, OH.
Call the OVI attorney’s at Suhre & Associates if you have been arrested for OVI or DUI in the Dayton area – including: Montgomery, Greene, Miami, Darke, Clark, Clinton, Allen, Ross, or Champaign counties; or, in the following cities: Riverside, Oh., Kettering, Oh., West Carrollton, Oh., Huber Heights, Oh., Trotwood, Oh., Beavercreek, Oh., Vandalia, Oh., Centerville, Oh., Miamisburg, Oh., Englewood, Oh., Fairborn, Oh., Clayton, Oh., Tipp City, Oh., Springboro, Oh., Xenia, Oh. – Call one of our qualified DUI attorneys at 937-531-0435. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put our team of OVI lawyers in Dayton which includes a FORMER POLICE OFFICER and a FORMER PROSECUTORS to work… for you!