October 14, 2015 | Breath Tests, Intoxilyzer 8000

Me neither. So this is interesting. I recently had an OVI case North of Dayton. For my readers, you know an OVI is the same as a DUI. And you also know that I tend to travel a bit all over Southwest Ohio including the Cincinnati area fighting DUI cases. I plan to also start… read more

March 12, 2014 | Breath Tests

I presented at the Annual Ohio Association of Criminal Defense Lawyers Association, or OACDL, Advanced OVI Seminar in Columbus last week. I focused on changes if the Ohio Administrative Code, OAC. The OAC regulates how blood, breath, and urine testing is to be conducted in cases that are being prosecuted for DUI in Ohio. The… read more

October 27, 2012 | Breath Tests

The fourth way to defend against the new Intoxilyzer 8000 in Dayton, Ohio is time.  The prosecutor is having difficulty bringing Ohio Department of Health (ODH) representatives to court. The reps are needed because the machines belong to the ODH.   They also calibrate and maintain the machines. They are needed to testify about placing… read more

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… read more

August 5, 2012 | Breath Tests

The Ohio Department of Health (ODH) cannot prove in court that they maintain 3 years of records on the Intoxilyzer 8000 and 3 years of subject test results.   The ODH manipulated the storage and public display of evidence on the website in ongoing criminal cases. They claim this was done to avoid confusion, but some… read more

June 30, 2012 | Breath Tests

The new breath testing machine in Ohio is being routinely thrown out of court in DUI and OVI cases all over Ohio.  The problem is mainly that the machine is not operating in compliance with the Ohio Administrative Code (OAC) that regulates drug an alcohol testing. The best defenses to the Intoxilyzer 8000, Ohio’s new… read more

February 3, 2012 | Breath Tests, DUI Law

Charged with DUI or OVI in Dayton Ohio?  Did you take a test on the new Intoxilyzer 8000?  We can help. The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio. Some courts are suppressing test results because of machines going haywire,… read more

November 24, 2011 | Breath Tests, DUI Law, OVI Rights

Charged with an OVI or DUI in Dayton Ohio?  Call one of our DUI / OVI lawyers right now at 937-531-0435.  We have decades of combined experience that can help defend you immediately. It is best to be safe this holiday season.  Remember there is no legal amount of alcohol or drugs to have in… read more

November 16, 2011 | Administrative License Suspension, Breath Tests, License Suspension, OVI Suspension

You will not be suspended right away if you take a urine test after being arrested for an OVI in Dayton, Ohio.  To be suspended you will have to refuse or test over the limit. The police will not know whether you are over the limit right away based on a urine test because it… read more

September 26, 2011 | Administrative License Suspension, Breath Tests, DUI Law, License Suspension, OVI Suspension

Have you been charged with a Dayton OVI or DUI?  If so, you will receive a letter from the BMV and will need to know what to do. This is called an Administrative License Suspension or ALS.  This is a BMV suspension you received from the police after being arrested for OVI or what is… read more