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Akron, OH |

I was arrested by the highway patrol. Are they supposed to take more than one breath test for accuracy? I was given only one and am worried I may not have done it right. I blew lightly for a "constant" stream and the trooper had me blow for a while.

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Attorney answers 3


Generally, no. However, one must know what kind of machine is being used. You need an attorney who is familliar with the various BAC machines that are in use by Ohio Law enforcement. Each has it's own theory of testing, weakness and strengths.

OVI is a very serious charge. It is enhancable in that the penalites for later violations become more severe, if one is convicted more than one time (within a defined period of time). There are manditory minimum sentences that no judge can change once you are convicted.

If you have an attorney listen to him or her. If you do not have an attorney GET ONE. I being local to you have a humble suggestion . . .

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Oho is a single breath test state, like West Virginia where I am licensed. This is not an ideal testing scenario for any credible scientist to follow, but as they say, it's good enough for government work! The other answer given to you is sound - many things that have absolutely nothing to do with alcohol or alcohol consumption impact the outcome of the breath test and overall DUI investigation, so you need a qualified DUI lawyer to advise you of your options. Don't try to tackle this on your own - that is the biggest mistake you could make. Hire an experienced DUI attorney and follow his/her advice.


That is the million dollar question! If you were tested on an Intoxilyzer 8000 you would have been tested twice. If you were tested on an Intoxilyzer 5000 or a DataMaster, you would have been tested only once. Does this appear to be a violation of equal protection or due process? It sure does, however getting a court in Ohio to say so may be a whole different story. Currently, the law in Ohio allows one blow on certain instruments and 2 blows on another. You need to hire the services of an attorney willing to make a challenge to the different treatment for different individuals.

Todd Bruce Kotler

Todd Bruce Kotler


Atty. Saia is just that kind of lawyer, as am I. In all candor, Jon is way more experienced as a DUI attorney. I just happen to be closer to this particular person and the OHP post. My guess is that it was post 76 since the questioning person was from Akron.