California drunk driving defense guru Lawrence Taylor weighs in on the Kafkaesque absurdity of Ohio’s breathalyzer laws in OVI cases. It is true that a defendant accused of drunk driving/OVI in Ohio has no ability to challenge any breathalyzer evidence against him. The machines are deemed infallible and unchallengeable in court.
Breath test machines have known flaws that have been documented for years. Certain foods and medical conditions like GERD/acid reflux can cause false positives.
The machines’ own manufacturers have strict maintenance requirements and require regular recalibration, yet whether that maintenance was actually done in your case isn’t questionable.
The manufacture may update the software, and any software update can have bugs, yet an OVI defense lawyer can’t question whether the machine was retested and re-certifed, and under what conditions.
No, under Ohio law, breath test machines are miraculous devices that dispense divine and flawless judgment.
This is a fact that defense lawyers and drunk driving defendants in Ohio have been stuck with for 25 years.
That doesn’t mean that there aren’t defense options, or that a lawyer can’t win drunk driving/OVI cases, or help you get a reduced sentence. But it does present continuing challenges and extreme burdens to those simple wishing to exercise constitutional rights and freedoms in a legal defense.
If you have been arrested for OVI in Ohio, please contact our experienced criminal defense attorneys today for a complimentary defense evaluation. We can go over the facts of your case, suggest any possible defenses, and determine if any police or legal procedures were violated that lead to you being stopped.
Drunk Driving/OVI cases can still be won in Ohio, but it isn’t done by challenging a breath test failure.
To find out what we can do in your specific OVI case, please contact us today. Don’t wait, the advice and consultation is free.