DUI Information Center

Measuring Blood Alcohol Levels

When you are stopped by the police on suspicion of a DUI/OVI, they will use a Breathalyzer or chemical test to measure the amount of alcohol in your body relative to the amount of blood in your system, or blood alcohol content level. Breathalyzers use a breath sample to measure BAC. Sometimes these tests are not accurate. Our skilled DUI attorney will challenge the unreliability of these devices based on such factors as:

• Lack of proper training
• Sample collection errors
• Faulty calibration
• Equipment flaws
• Poor maintenance

Blood tests for alcohol or drugs must be administered by a qualified person and not taken at the time you are stopped by the police. While generally considered more reliable than Breathalyzer tests, the reliability of blood tests can also be called into question for unqualified technicians, improperly administering tests, tainted samples and other mistakes.

What is the Ohio BAC Limit?

In Ohio, if you are over 21 years of age and have a blood alcohol level of .08 or more-.02 or greater if under 21-you have exceeded the legal limit. While many factors affect intoxication levels including types of drink, alcohol tolerance, gender, body weight, food or medications, it can take as little as one drink for some to exceed legal limits and risk DUI/OVI charges. Driving under the influence and being over the legal limit aren’t necessarily the same thing.

What Is A Field Sobriety Test?

Field sobriety tests are used by police officers to gain probable cause to arrest you for drunk driving. In Ohio, the officer will typically use the Horizontal Gaze Nystamus (HGN test), the walk and turn, or the one leg stand. Although these are standard field sobriety tests, they are not foolproof and are based solely on the arresting officer's opinion of how you performed.

A successful challenge of the field sobriety test can result in it being suppressed (disallowed as evidence). This will significantly weaken the prosecution's case, and position us to negotiate a more favorable outcome or obtain a dismissal of the charges. Our attorney has obtained certification from the National Highway Traffic and Safety Administration (NHTSA) to administer these tests, allowing him to thoroughly examine a particular traffic stop and determine if the officer made mistakes or otherwise violated your rights.

Below are some of the questions we make sure to get answered:

• Was there probable cause for the traffic stop (such as erratic driving)?
• Was the field sobriety test administered correctly?
• Was the field sobriety test conducted in a manner approved by NHTSA?
• Was the field sobriety test inaccurately scored by the officer?
• Were you read your Miranda rights?

Ohio DUI Laws and Penalties

Please click on the links below for detailed information on Ohio DUI Laws and Penalties.

Ohio Impaired Driving Law - Front Page - Back Page
Ohio Driver's License Law - Front Page - Back Page