Ohio Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02161BG
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Word; 
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Penalties for Refusing a Breath Test in Ohio However, under Ohio Revised Code Section 4511.192, you can face multiple criminal penalties if you refuse to undergo mandatory testing, such as: Spending as much as six months in jail, but a minimum of at least three consecutive days in jail. Fines as high as $1,075.

They may ask you to participate in field sobriety tests (e.g., the one-legged stand test, the walk-and-turn, etc.). There is no penalty for refusing to take part in these tests. If they believe you are drunk, they will inform you that you are under arrest for an OVI.

Sentences For First Offense DUI / OVI In Ohio There is also a mandatory fine of at least $375 and a possible fine of up to $1,075. A first offense DUI / OVI in Ohio also results in six points on your driver license.

IN AN OHIO DUI OR OVI STOP A: Refusing to take a breathalyzer or breath test is not necessarily an admission of guilt, but prosecutors will argue to a jury that you must have been guilty otherwise, why else would you refuse to take a breath test?

Ohio is one of several states that has an implied consent law. This law means any driver on the roadway has given consent to a chemical test if he or she is suspected of drunk or drugged driving. Failing to do so could mean penalties separate from a DUI charge.

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Ohio Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI