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OVI / DUI Charge Reduced After Mistake in Breathalyzer Calibration

Our client has been working in a very fulfilling and lucrative position within the oil and gas industry.  After a long day, he took several colleagues out for dinner and drinks.  After consuming more than what he initially had planned, he was pulled over for a minor marked lanes violation.  When the officer noticed the odor of alcohol and saw an open container, he likely had his mind made up to make the arrest.  After a series of field sobriety tests, he arrested our client and took him to the station where he blew a .141. He was charged with a first offense OVI / DUI impaired and a breath test OVI / DUI charge for testing above the .08 Ohio Legal Limit.

Attorney Chase Mallory made a trip to the police station several hours ahead of the first court appearance to thoroughly examine the records kept with the breath machine.  In Ohio, breath test machines must be calibrated weekly using a bottle of solution containing known alcohol content (usually .100 grams of alcohol per 210L).  The machine is considered to be within calibration so long as it yields a result of within .005 the target value.  These records must be kept for no less than 3 years.  Mr. Mallory examined the weekly checks and discovered a result from a year ago where the machine fell out of calibration but the police station never repaired the machine.

After pointing this out to the prosecutor, it only took one court appearance to result in a reduction to a physical control violation with a penalty of simply a fine.  Our client saved his driver’s license and his career.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.

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