DUI Breath Tests in New Castle

If you were stopped for a suspected DUI and took a breath test that showed a blood alcohol concentration (BAC) of .08 percent or higher, the prosecution will likely use this result against you. The law is clear: driving with a BAC at or above this level is illegal, regardless of whether you feel impaired. The prosecutor will pursue charges based on this reading alone. Additionally, the Bureau of Motor Vehicles will use your BAC to initiate an administrative license suspension (ALS) if you test over the legal limit.

In Ohio, it’s illegal for drivers to operate a vehicle with a blood alcohol concentration of 0.08 percent or more. The law also specifies enhanced penalties for individuals convicted with a BAC exceeding 0.17 percent. It doesn’t matter how well you can walk, talk, or drive after consuming alcohol; if your BAC is 0.08 percent or higher, you are breaking the law. A knowledgeable New Castle criminal lawyer can help you understand the charges you are facing.

You can also be charged with a DUI if the alcohol you’ve consumed makes you too impaired to drive safely. This charge, known as operating a vehicle impaired, is a separate offense from the “per se” violation mentioned earlier. Refusing a breath test can lead to an automatic DUI charge, as the law presumes that your refusal implies you were impaired.

Understanding Breath Test Procedures

When police pull you over on suspicion of impairment, they will likely ask you to perform a breath test. Ohio has approved three specific machines for this purpose: the BAC Datamaster, the Intoxilyzer 5000, and the Intoxilyzer 8000. It’s crucial to consult with a New Castle DUI lawyer if you’ve been asked to use one of these devices.

Officers often have portable breath testing (PBT) devices in their vehicles. These handheld units are approved for use at the roadside. An important point for drivers is that the results from these portable machines are generally not admissible as direct evidence of guilt in court. However, a prosecutor may attempt to use the PBT results during your initial hearing to justify the officer’s probable cause for your arrest.

The “per se” DUI charge applies to BAC levels between .08 percent and .17 percent. A BAC of .17 percent or higher results in what is known as a “high test” or “high tier” DUI. This more serious charge is formally called a “per se high test” DUI, and it comes with its own set of mandatory penalties. A New Castle criminal lawyer from Youngstown Criminal Law Group can explain the specific consequences associated with each charge.

How New Castle’s Breath Test Machines Operate

When a person suspected of drunk driving agrees to a breath test, they are instructed to breathe into a device. This machine contains a chamber that collects the breath sample. An infrared light is then shone through this chamber. At the opposite end, a sensor measures the amount of alcohol molecules present. Alcohol absorbs infrared radiation at a scientifically predictable rate, a fact utilized by the machine’s manufacturers. The sensor calculates the amount of absorbed infrared radiation to determine the blood alcohol content in your breath. If you have questions about this process, a New Castle DUI lawyer can provide clarity.

Rules and Regulations Governing Breath Tests

Ohio’s laws regarding breath tests are detailed in the Revised Code Section 4511.19(D)(1). This section outlines the statutes, rules, and regulations that must be strictly followed for breath test evidence to be admissible in a trial. A key requirement is that the breath test must be administered within three hours of the initial traffic stop. If this time frame is exceeded, the evidence may be deemed inadmissible. The Ohio Department of Health is responsible for overseeing the maintenance, inspection, and calibration of all breath test machines. They also issue permits to the individuals who operate these devices and maintain the records. While Ohio law permits a New Castle criminal lawyer to challenge the accuracy of an individual’s specific test results, it does not allow for questioning the general reliability of the machines themselves.

Failing a breath test does not automatically mean a conviction. A skilled New Castle DUI lawyer possesses extensive knowledge and significant experience in defending against DUI charges.Call us at (330) 992-3036 for free consultation.