OVI and Cell Phone Interference

Asked almost 3 years ago - Kent, OH

I got charged with OVI. I have been studying how to defend myself (I do plan on hiring an attorney asap). I read that there is a possibility of interference from radios and cell phones. I checked my T-Mobile phone log because I knew I was sending/receiving text messages right before being administered the breath test.

I was given the test at 3:01am.
I received texts at: 2:36am, 2:57am, 3:00am.
I sent texts at: 2:36am, 2:48am, 2:58am.

I don't think the officer knew immediately that I was texting because he did tell me the last time to put it away. He was doing paperwork and setting up the machine, which I think is violating the 20-minuet observation period (I don't think there was a full 15-20 minuets I was observed without interruption/him being distracted with other things.)

Attorney answers (2)

  1. Jon Joseph Saia

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . Cell phones can absolutely interfere with a breath alcohol test and produce a false result. In Ohio, the states experts have admitted so and some law enforcement policies now include a provision that there should be no cell phones in the area where the test is being administered. The breath alcohol testing instrument is supposed to have a working RFI (Radio Fequency interference) detector to detect such interference. The problem is that the detector does not always work and the settings for that detector can be adjusted manually. This is a huge problem with the Intoxilyzer 8000 breath alcohol testing instrument.

  2. Jeffrey Charles Meadows

    Pro

    Contributor Level 12

    Answered . There is a possible issue with RFI (radio frequency interference) from 3G/4G devices as well as bloothtooth. This is a highly technical defense and would require the use of an expert witness. The leading witness in this area is in MA.

    Even if you can beat the breath test, you are also likely charged with being impaired (4511.19A1a) so you will also need to defend that aspect of the charge as well. This is best handled by an experienced TRIAL ATTORNEY. Make sure when hiring an attorney, you ask them how many jury trials they have done in the last 1-2 years. If they haven't done any, you may want to consider moving on to someone who regularly fights for their clients through the trial process.

    You should consider calling an attorney who specializes in OVI defense immediately!

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