THE BREATH TEST: WHAT IS THE LAW?

When an individual is taken to the police station he or she will be asked to submit to a blood, breath or urine test. The suspect does not have the right to pick which test he or she will comply with. By far the most common method for testing is the breath test. Law enforcement prefer this test because it is convenient and immediate results are obtained. Competent trial counsel will be familiar with how the breath test is conducted by the officers in the jurisdiction and have a familiarity with the devise used to conduct the testing. The Department of Health is responsible for devising the testing method for the admissibility of blood breath and urine tests. These rules are found in the Ohio Administrative Code at OAC Chapter 3701-53. Experienced counsel will also be familiar with the rules as set forth in the OAC. For a great explanation of how the breathalyzer works, please check out this article by Craig C. Freudenrich, Ph.D.