Blood Alcohol and Breath Tests

Are There Different Penalties for High Blood Alcohol Levels?

Interviewer: What happens if you have a client that’s tested at a level of 0.04 versus 0.14? Are there different penalties, or it’s all the same zero tolerance? Dale: We have to remember that the court has discretion. The judge could say, “A level of 0.14 is high for a 17-year-old. I’m going to recommend that he...

Defending a Refusal to Perform the Breath Tests

Interviewer: Are most refusals pretty defensible, or are they hard to defend and get overturned? Dale: A refusal gives you a “different hand” with which to play. If I have a client that looks good on the field sobriety test, and looks good in the booking room and it’s a refusal, now the card that I’m going...

How Defensible Is This Charge?

Interviewer: That makes sense. Because the limit is so low, have you had any success defending underage drivers with BAC levels very close to 0.02? Dale: Absolutely. You know the defenses are still available to you. You could still attack the Breathalyzer machine. You could say that the machine was wrong, or there was no reasonable suspicion...

Is It Possible to Challenge the Results of the Intoxilyzer-8000?

Interviewer: How often are you able to challenge the results of the tests and win? Dale: Right now, the machine is fairly new. I’ve challenged this machine about 10 times, and every court thus far where I challenged it, I was able to obtain a reduction in the charges for the client. And this is kind of...

Refusing the Breathalyzer Tests

Interviewer: Let’s say the machine malfunctions, or the person trying to blow into it can’t make it read properly, or the operator is not following the instructions? What will the police do in those circumstances? Will they you were uncooperative or you refused the test? Enhanced Penalties: You May Not Receive an Occupational License Dale: There are...

The Breath Test Machines Used at Ohio’s Police Stations

Interviewer: Okay. So, now we’ll talk about the breath testing machines. Specifically, the machine you’re going to encounter not at the roadside, but once you’re at the police station. You’re saying a new machine has come that’s being used in the Cleveland/Akron area called the Intoxilyzer-8000, is that right? Dale: That is correct; actually it is used...