Home > What happens after I take a breath test and am arrested in Akron, Ohio for DUI?

What happens after I take a breath test and am arrested in Akron, Ohio for DUI?

In our discussions, clients always ask: did I make the right decision to blow?  As with most aspects of DUI law, the answer is not a simple “yes” or “no”.  That’s why you need to hire someone with our experience, our job is to defend you. You likely made the decision to blow after, at most, minutes to consider your decision, all while an officer was staring down at you.  You may very well have been intoxicated.  The truth of the matter is: you provided additional evidence of your intoxication to the police and now face an additional charge because of it.  And so in the hours, days, and weeks after your arrest, you may be kicking yourself.

What you need to know is that breath tests can still be challenged.  There are several machines being used by police in Ohio.  In the Akron area, the machine used the most is called the Intoxilyzer 8000.  This machine and the records kept for it are being challenged across the State of Ohio.  There are several reasons for this.  First, although the operation of the machine is, in theory, simple, many officers still perform the test improperly.  If the officer does not perform the test in the manner he or she should, your results may be wrong.  Additionally, the machine does not always function the way it should.  If the machine is malfunctioning, your results may be wrong.  Last, the records kept for and about the machine are not always properly kept and are, in fact, constantly changing.

As former prosecutors, we know how to examine the facts, machine, and test results to determine whether your test results can be excluded.  If you blow, you provide the police with additional evidence of your intoxication that they will use against you.  If the test was done properly, they probably have evidence to convict you of this charge.  That is why you need to hire an Akron DUI Attorney to protect you.  We can look at the evidence the prosecutor plans to use against you to determine what we can fight to have excluded.

Call Joe Patituce or Megan Patituce at (330) 752-6706 now to discuss all of the facts surrounding your arrest.  Your call is hassle-free with no obligation.  If we decided to take your case, we will begin fighting for you right away.  The sooner you call, the sooner we can begin protecting your rights.


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