Breathalyzer Test & DUI Defense Law Firm in Dayton, Ohio

How an Ohio OVI Lawyer Can Defend Your Rights

Breathalyzer Tests: Blow or Refuse?

During the investigation of a suspected DUI/OVI driver, a law enforcement officer may ask the driver to step outside of the vehicle to perform a field sobriety test (FST). If the driver fails two or more tests, then the officer will arrest the driver and ask him/her to submit to a breathalyzer (a test that analyzes the alcohol content in one's breath) in Ohio. This test may happen by two separate methods. First, there is a portable breathalyzer which the officer has in his possession or kept in his police car. The portable devices have many flaws and although law enforcement is pushing for a new version to be used in court due to inaccurate readings are not used against you in court. The courts have determined that a more accurate breathalyzer test is the one that is administered at the police stations, by a stand alone machine (Intoxilyzer 8000, or a similar machine). At the police station the officer will read you Ohio Form 2255 and ask you to submit to a breathalyzer test. A law enforcement office must read you the form and inform you that if you do not submit then you will have a one year driver's license suspension pursuant to the Bureau of Motor Vehicles Administrative Code. Further, the form must be read in the presence of another officer. Before you make your decision to submit or refuse, you are entitled to contact an experienced DUI/OVI attorney in Ohio. Our OVI and DUI lawyers carry a 24/7 emergency hotline phone and we are prepared and equipped to take your calls anytime of the day or night. Remember, if you're already at the police station then you've already been arrested for a DUI/OVI, do not contribute to your prosecution without first seeking the experienced legal advice of the DUI attorney team at the Gounaris Denslow Abboud Ohio OVI/DUI law firm prior to consenting to a breath test in Ohio.

I blew, but I was still given a Refusal and a one year license suspension.

This is a common defect of the breathalyzer test in Ohio. In order for the machine to get an accurate reading, you must take a deep breath and exhale with all your might. In some cases, you may have a medical condition that will not allow you to get a good reading. However, in other cases, you may blow 100 times and the machine will still not get a reading. These are issues that the experienced OVI/DUI attorney team at Gounaris Denslow Abboud, Co., LPA in Ohio are trained to handle. Our attorneys have successfully challenged the admission into evidence of BAC results and have also challenged the refusal and one year license suspension due to medical conditions that make it impossible for someone to blow into the breathalyzer.

For a Free Consultation, Contact Gounaris Denslow Abboud Co., LPA, Dayton’s Premiere OVI, DUI and Drunk Driving Law Firm.

If you have been charged with an OVI, DUI or Drunk Driving offense, then call Gounaris Abboud, Co., LPA for your FREE consultation. Remember, time is of the essence in all OVI charges in Ohio. If you are in doubt of your legal rights in an OVI matter, then contact Gounaris Denslow Abboud, Co., LPA for your free case analysis. Don't face an OVI prosecution without knowing your rights. Remember, at Gounaris Denslow Abboud, Co., LPA, protecting your rights, is all we do!

Our attorneys are licensed to practice in the State of Ohio and concentrate their OVI, DUI and Drunk Driving practice in the following Ohio counties: Montgomery, Greene, Miami, Warren, Butler, Preble, Darke, Logan, Clinton, Shelby, Champaign, Clark, Clermont and Hamilton, Ohio. Our attorneys also practice in the following municipal courts: Kettering Municipal, Dayton Municipal, Montgomery County Area Courts One and Two, Trotwood and Huber Heights, Miamisburg Municipal, Vandalia Municipal, Xenia Municipal, Fairborn Municipal, Clark County Municipal, Troy Municipal, Franklin County Municipal, Hamilton County Municipal, Butler County Municipal Courts Area One Two and Three.

Contact the Dayton, Ohio DUI and OVI attorney team at Gounaris Denslow Abboud, Co., LPA for your FREE case analysis at (937) 222-1515 or at 1-888-WE DO DUI.