Close

Articles Posted in DUI/OVI blood/breath/urine tests

Updated:

Forensic Gas Chromatography For Lawyers

Last week, I completed a short course in gas chromatography. Completing the course reminded me of what Stephen Covey used to say: “To know and not to do is really not to know.” He is so right. It’s one thing to know the law of blood and urine testing. It’s…

Updated:

What Is The Irony Of Urine Testing In Ohio DUI/OVI Cases?

Most states acknowledge urine testing is not an accurate way to measure blood alcohol concentration, and Ohio is one of the few states which still uses urine alcohol testing for DUI/OVI cases. Ohio law makes urine tests admissible in court so long as law enforcement agencies follow state regulations. Some…

Updated:

Acid Reflux And Breath Tests In Ohio DUI/OVI Cases

Somewhere between ten percent and twenty percent of Americans have GERD: Gastro Esophageal Reflux Disease. While the advertisements by pharmaceutical companies have made GERD common knowledge, it is no so commonly known that this medical condition can inflate the result of an alcohol breath test. When the defendant in an…

Updated:

Unanimous Supreme Court Reinforces Defendant’s Right To Challenge Breath Test Results In Ohio DUI/OVI Cases

For three decades, lawyers and judges have been misinterpreting the case of State v. Vega. In Vega, the Ohio Supreme Court held defendants in DUI/OVI cases may not attack the general reliability of breath-testing machines. Some lawyers and judges interpret Vega as if it says defendants are not permitted to…

Updated:

New Book Provides Readers With Valuable Information About DUI/OVI In Ohio

  It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio,…

Updated:

State v. Lancaster May Change Interpretation Of Ohio Breath Testing Law

Intoxilyzer 8000 Declared Unreliable In Ohio DUI/OVI Case This blog has discussed Intoxilyzer 8000 litigation in many previous posts. One of those posts (November 18, 2012) mentioned the case of State v. Lancaster in the Marietta Municipal Court. I was asked to help with that litigation as counsel for Lancaster.…

Updated:

Court Rescues Intoxilyzer 800 For Use In Ohio DUI/OVI Cases

But for a technical legal issue that may only be interesting to an Ohio DUI/OVI lawyer, the case of State v. McMahon would be pretty generic. An officer pulled him over for speeding, noticed the odor of alcohol, administered field sobriety tests, arrested him, gave him a breath test on…

Updated:

U.S. Supreme Court Decision Raises Questions About Blood Tests in Ohio D.U.I./O.V.I. Cases

In a previous post, this blog questioned whether police should be able to draw blood against your will without a search warrant. At that time, oral arguments had recently been held in the case of Missouri v. McNeely. A few days ago, the United States Supreme Court issued a decision…

Contact Us