Category: Breath Tests

Dayton OVI Lawyer Speaks

Written by Rob Healey on March 12, 2014 in 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 »

Ohio Supreme Court To Hear Intoxilyzer 8000 Case

Written by Rob Healey on November 11, 2013 in Breath Tests

The Ohio Supreme Court accepted a case involving the 8000 breath test machine which is the same used on OVI cases in Dayton, Ohio.  The are reviewing a case that has been used by prosecutors for decades to prevent defense lawyers from challenging the admissibility of breath test machines. The defense bar hopes that this …Read More »

Best Intoxilyzer 8000 Defenses Part 4

Written by Rob Healey on October 27, 2012 in 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 »

Best Intoxilyzer 8000 Defenses Part 3

Written by Rob Healey on September 21, 2012 in 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 »