OVI DUI Breath Testing Evidence and Problems

Crucial Evidence

Breath testing evidence can be the single most important piece of evidence in the majority of OVI DUI cases. A comprehensive understanding of the machines, scientific theory behind the machines, compliance or non-compliance with applicable regulations, and keeping up-to-date with the continually changing case law can be the difference between an OVI, a reduced charge, or an outright dismissal.

Often, extensive knowledge regarding breath testing can lead to suppression or exclusion of the result. This is often of great importance as Ohio has per se statutes that make it illegal to have a certain concentration of alcohol in one’s bloodstream (.02, .04, .08, or .17 depending upon the circumstance).

A Time of Change in Ohio

Currently a new breath testing machine, the Intoxilyzer 8000 is being or has been phased into use in many locations of Ohio. The older machine, still being utilized in much of the state, is the BAC Datamaster. These machines are very different in how they test, the data they produce, how the data is stored, how and when they are calibrated, and a variety of other factors. Attorney Bucher is an OVI DUI Defense Attorney who understands these differences, the new issues that have arisen, and the different requirements established by the Ohio Department of Health.

Simply understanding that the new machines are causing “some problems” is insufficient and you would be well advised to seek a consultation with a lawyer who focuses on OVI DUI Defense. Call Attorney Bucher today at 419.227.9595 for your free consultation.

Reliability of Breath Testing in OVI DUI

Breath testing is currently being done by both single sample and dual sample methods. While a dual sample method is regarded as the preferred method, its implementation does not alter the fact that breath is the most unreliable way to establish blood alcohol content.

A breath testing machine operates by supposedly testing the ethanol present in your “deep lung breath” then calculating (guessing) what amount of ethanol is present in your blood stream.


Breath testing machines have difficulty distinguishing between ethanol (drinking alcohol) and a variety of other substances that can be present in the breath. This leads to elevated levels that do not correspond to the amount of ethanol (if any) present in the blood. These other molecules can be detected due to chemicals you work with, medical conditions you have, and other naturally occurring substances in the body.

In addition to these problems are issues of mouth alcohol, operator (law enforcement) manipulation, partition ratios of the blood (a bias against females), elevated body/breath temperature, calibration issues, and general machine error. Safeguards are suppose to be in place to address all these issues but the well studied OVI DUI Expert Lawyer can tell you that the research and their experience says otherwise.

Portable (handheld) Breath Tests

Portable Breath Tests are even more unreliable than their larger counterparts. They lack many of the “safeguards” that are attempted on the Intoxilyzer 8000 and Datamaster and have been found to provide false readings after behavior that is as innocent as chewing bread, not bread soaked in liquor, just ordinary bread. Please view the following video from Attorney Justin McShane, the top DUI lawyer in Pennsylvania.

Should you be charged with DUI in Pennsylvania, there is no better Lawyer to call. Attorney Bucher shares the same philosophy and passion for a scientific based defense in his Ohio OVI DUI cases.

Depending on the location of arrest, a PBT may or may not be admissible for purposes of probable cause to arrest. Attorney Bucher has found that many members of law enforcement are unaware that they cannot rely upon them when making their decision to arrest. More shocking, many attorneys handling OVI DUI cases are unaware as to their admissibility or inadmissibility. These unreliable machines are not admissible at trial anywhere in Ohio.

Attorney Bucher is an OVI DUI Defense Lawyer who has the scientific education and legal background to properly deal with the issues that arise from breath tests. He does not require an expert to explain these matters to him or “translate” the scientific lingo, Attorney Bucher already speaks the language.

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Toledo Office

  • 615 Adams Street
            Toledo, Ohio 43604
  • 419 386 2519

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  • 1728 Allentown Road
            Lima, Ohio 45805
  • 419 227 9595