Clik here to view.
CBS Highlights MADD’s DADDS Technology (by DaytonDUI)
All 16 major car companies and the federal government is behind technology (described in the video) that would test each and every person’s tissues, blood or breath each time you enter a car… your...
View ArticleClik here to view.
The Problems With Portable Breath Tests (by DaytonDUI)
In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway...
View ArticleClik here to view.
OVI Breat Test Defenses: Exposure to Toulene
In some instances, defendants have argued that exposure to certain chemicals have caused involuntary intoxication. Commonly, they will cite to the chemical toulene also known as methylbenzene,...
View ArticleClik here to view.
Intoxilyzer 8000 Upheld in Ohio’s 11th and 12th Appellate Courts
When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect. What is more, your attorney cannot challenge scientifically provable flaws in the machine or the weakness...
View ArticleClik here to view.
DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test
The cornerstone of evidential breath testing is the scientific principle called Henry’s law, named after pioneering chemist William Henry in 1803. Henry’s Law states, At a constant temperature, the...
View ArticleClik here to view.
Can a Person Refuse to Take the Field Sobriety Test?
QUESTION: Can a person refuse to take the field sobriety test? AUDIO ANSWER by DUI Attorney Charles Rowland: [Read the full post. . .]
View ArticleClik here to view.
Gas Chromatography Mass Spectrometry (An Overview)
To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography – mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS) is a method...
View ArticleClik here to view.
Approved Breath Testing Instruments: O.A.C. 3701-53-02
Ohio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio. It states, (A) The instruments listed in this paragraph are approved as evidential...
View ArticleClik here to view.
Can They Force You to Take a Field Sobriety Test?
QUESTION: Can they force you to take a field sobriety test if you don’t want to? AUDIO ANSWER by DUI Attorney Charles Rowland: [Read the full post. . .]
View ArticleClik here to view.
Will Ohio Lower The Legal Limit for OVI?
Visit NBCNews.com for breaking news, world news, and news about the economy As this site has been warning, MADD and friends at the NTSB have been pushing to lower the legal blood alcohol concentration...
View ArticleClik here to view.
Dayton DUI Answers The Question, “Should I Blow?”
To blow or not to blow, that is the question. Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history. You should NEVER...
View ArticleClik here to view.
OVI Case Law Update: State v. McMahon
In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress. The trial court suppressed the results of McMahon’s breath test after determining that...
View ArticleClik here to view.
OVI Breath Tests: Faulty Assumptions
Why do Ohio OVI attorneys question OVI breath tests? Each of our lungs contain about 300 million small air sacs called “alveoli” that are responsible for the air exchange that keeps us alive. In the...
View ArticleClik here to view.
Intoxilyzer 8000 Is Unreliable Judge Finds
A judge recently ruled the Intoxilyzer 8000 (Ohio’s newest breath testing machine) unreliable. In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes...
View ArticleClik here to view.
DUI Science: Pharmacokinetics and Pharmacodynamics
Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is...
View ArticleClik here to view.
OVI & Your Brain: Who Cares About Impairment?
More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your...
View ArticleClik here to view.
Defending Your DUI: The Gastric Bypass Defense
Gastric bypass surgery (also called bariatric surgery) is a procedure that drastically reduces the size of the stomach which has a dramatic effect when consuming alcohol. Gastric bypass surgery...
View ArticleClik here to view.
Dayton DUI: Breath Test Defenses in Ohio
This article will highlight DUI breath test defenses available to people in Ohio. As we have extensively written on the topic of DUI breath test defenses, this article will direct you to some of the...
View ArticleClik here to view.
DUI Science: Gas Chromatography
Gas chromatography mass spectrometry (hereinafter GCMS) is the most reliable method for alcohol testing in blood and urine and has become the accepted gold standard in forensic toxicology. Gas...
View ArticleClik here to view.
Court’s Find A Way To Protect Intoxilyzer 8000
Ohio Courts are slowly fixing the Intoxilyzer 8000 implementation issues and (surprise!) they are not resolving the issues in favor of the accused. In State v. McMahon, 2013-Ohio-2557, the...
View Article