Breath & Blood Tests

Challenging a breath or blood test

When fighting a DUI, one of the most common questions from those facing DUI charges is “What do I do if I failed a breathalyzer or blood/urine test?” Many people consider breath and blood/urine test results to be beyond challenge, but this is not the case.

A woman taking a breathalyzer after being pulled over for a DUI in Columbus

Breath and Blood Test Inaccuracies

Some issues that may render a breath alcohol concentration test inadmissible:

  • the BAC operator is not certified, or the certification expired;
  • failure to conduct instrument checks with proscribed time limits;
  • failure to maintain calibration check solutions in a proper manner;
  • using a calibration solution in excess of three months after the date of first use;
  • failure to conduct a radio frequency check in the proper manner; and
  • failure to maintain the result of instrument checks, controls, certifications, calibrations checks, and records of service and repairs in accordance with the Ohio Administrative Code.

Blood and urine tests are also not infallible. Some common issues are:

  • an unqualified person collecting the sample;
  • unsterile conditions during the sample collection;
  • improper collection of the sample;
  • lack of witness to the specimen collection to allow authentication;
  • improper storage and handling of the sample; and
  • poor or malfunctioning testing machinery.

While not completely dispositive, the presence of any factor listed above could lead to suppression of the test or an offer of a reduced charge. The prosecutor is required to establish that law enforcement substantially complied with Ohio Administrative Rules Governing alcohol testing.

Don’t wait to take action after your DUI arrest.

It is crucial to act promptly after a DUI arrest. In Ohio, there are specific deadlines for requesting a driver’s license suspension hearing and for filing certain legal motions. It’s in your best interest to contact our firm as soon as possible so we can begin building your defense and ensure all necessary deadlines are met.

Contact Akamine Law to start fighting your DUI charge.

If you or a loved one is facing a DUI charge in Columbus, Ohio, don’t face it alone. We are here to help. Contact us today to schedule your free consultation and take the first step towards protecting your rights and fighting your DUI charge. We are ready to stand by your side and provide the expert legal guidance you need during this challenging time.