Challenging Your Breath, Blood & Urine OVI/DUI Test Results
At our Cincinnati law firm, we focus on examining every aspect of your DUI defense. This includes looking at breath, blood and urine tests to make sure that they were administered in substantial compliance with the Ohio Administrative Code regulations and that the results were accurate.
Ohio law places a 0.08 limit on drivers’ blood alcohol content. If a machine is inaccurate, the results it gives may mean the difference between a driver’s conviction and freedom. Bad results may also lead to false allegations of drugged driving or involvement in super DUI.
Blood tests have strict timing requirements. Blood must be drawn within three hours of an alleged DUI by a qualified nurse, doctor or phlebotomist. Collection techniques must be properly followed, samples must be properly labeled and properly stored in a refrigerated, vacuum-sealed container with a solid anticoagulant.
Urine is the least reliable way to test blood alcohol content because it is a record of what was in your system-not necessarily what currently is in your system. If you were given a urine test, we make sure that proper collection methods were followed, as well as proper labeling and storage.
When you were arrested for DUI, you were probably taken to the police station and given a breath test. Currently in Ohio, officers use the Intoxilyzer 5000 or BAC DataMaster. At our Cincinnati law office, we have an Intoxilyzer of our own. We understand the rules that police must follow when giving a breath test. For example, in Ohio, the police must continuously observe you for 20 minutes before giving you a breath test, or breath test can be excluded from OVI proceedings.
Our law firm consults with defense experts and can talk about inner workings of the machine and the many ways that breathalyzers are inaccurate. Our founding attorney, Matt Ernst, also attends and teaches at, several seminars each year and knows the science behind the machine.
Matt uses his knowledge to attack the validity of breath test results at trial. He checks records of repair and maintenance-often questioning the officer responsible for weekly maintenance-to make sure that everything was done correctly. If it was not, he moves the court to have breath test results excluded at trial.