Improper Breath Testing Procedures
After an arrest, a motorist faces a tough decision: submit to the breath machine (known as the BAC Datamaster in our state), or face a possible one year license suspension. In rare cases, police ask to draw blood, which is the most accurate method to determine a person's blood alcohol content but still subject to challenge. The breath machine is favored, however, because it is cheap, easy to use, and police do not have to rely upon medical personnel to establish their case. We review your Datamaster breath test result in every conceivable manner. Police know there are strict rules regarding the administration of the breath test, but they oftentimes fail to follow those rules. We obtain videos to investigate whether the tests were done properly. We review the logs regarding the machine's history of accuracy. We obtain records from the manufacturer, which are kept in Ohio, taking that extra step that is overlooked by most attorneys. The chemical test is a critical aspect of the case that must be properly analyzed. If the prosecution cannot establish that the chemical tests were properly performed, or if the prosecution cannot establish that the chemical tests are accurate or relevant, you may be entitled to suppression of those test results.

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