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Breathalyzer Inaccuracies

Interviewer: Have you ever found that there are inaccuracies in both versions of the Breathalyzer, or are they always going to be pretty accurate?

Adam Hunt: One machine that we used in Ohio for a while was the newest Breathalyzer machine. They had a lot of issues with it, so they retired it and brought the older, bigger, clunkier, stationary unit back into service because they weren’t finding these problems. Then with the portable, it’s always less accurate than either one of the two.

Interviewer: What were the problems with those? Was it showing that someone was blowing too much or too little?

Adam Hunt: They were just getting too many variances, and the machines, when they were tested, were being proven by engineers and lawyers that there was some type of flaw and that it was giving false readings.

Blood Test

Interviewer: You have the standardized field sobriety tests. You have the field Breathalyzer. You have two Breathalyzers. At any point is there going to be a blood draw?

Adam Hunt: Very few jurisdictions in Ohio actually use the blood test. Typically when you see a blood test coming in, it’s from somebody that’s been in an accident and is hurt, and they have the hospital (since they’re already running IVs or whatever) go ahead and draw the blood. If the person is incapacitated or unconscious, the police officer may have the nurse draw.

Usually it’s a county or a sheriff’s department that would use a warrant to get the blood from the individual because that’s what would be required at that point in time. It’s not as common as either the urine test or the Breathalyzer.

By: Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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