Legal Question in DUI Law in Ohio

Breath analsis for alcohol level

I took a BAC DataMaster breath analsis and the result come back incomplete twice. The Officer inform me the second incomplete will read as a refusal to take the test by the BAC DataMaster Machine. And it did, I beleive the Officer marked it down as a refusal himself. If the reading would come back over the alcohol limit. I would have my license suspended for 90 days. But,as a fusal, it is an automatic suspended for 1 year. Well, my question is, is there a court ruling that will help me!


Asked on 5/03/05, 6:37 am

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Breath analsis for alcohol level

Your lawyer should ask for a videotape of the incident...if not available you have the right to a hearing on the refusal and why he had you there taking the test in the first place.

Joe Jacobs

216-952-1990

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Answered on 5/03/05, 4:34 pm


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