Failed Breath-analyzer? Don’t sweat it!
Published 11/06/14 by Jason Barr
Just because a person fails a breath-analyzer test does not mean that it will automatically result in an OVI/DUI conviction. According to the recent Ohio Supreme Court decision in Cincinnati v. Ilg, though a person cannot make a general attack on the reliability of a breath-testing instrument approved by the Director of Health, a person accused of driving under the influence has the right to challenge specific test results or whether the specific machine used in the test operates or was operated properly.
Therefore, if you fail a breath-test, you cannot object to the general reliability of a machine, but you still have the right to challenge the accuracy, competence, admissibility, relevance, authenticity, credibility of test results; whether a test was properly administered; or whether the specific machine used in the test operated properly at the time of the test.
If you are charged with driving under the influence, you should speak with an experienced and aggressive DUI/OVI Attorney/Lawyer. Attorneys that handle drunk driving cases can properly review your case and explain your options. Just because you failed the breath-test, does not mean you lose options. You have rights. You should always use a top drunk driving attorney/lawyer that will fight to protect these rights.