Good afternoon my Not Guilty fans. Welcome to the po-po station. Inside the po-po station, there is a government-sanctioned magic machine, called a breathalyzer or a breath tester or an intoxilyzer. Now, the government and the po-po have been masterful magicians. Why is that? Because they have created a great and grand illusion that these breath testing devices are accurate and scientifically reliable. It couldn’t be further from the truth.

Many of these machines haven’t been sent back to the manufacturer for service or repair for 15 years. Would a hospital ever treat their machine like that? I think not.

A calibration check should be done with every suspect's breath test, not every seven days like they do in Ohio. The more you blow, the higher you go. They’re watching a little number on the machine, and they want that number to go really high. They’re actually having you blow longer than you actually need to for a breath test scientifically valid.

They give one test and one test only. In order to have a scientifically reliable and valid breath test, there should be two breath tests. They should be within a target zone of one another to make sure that there are no contaminants or interference with the first breath test.

Breath testing law is slanted in favor of the government. The government wants slam dunk prosecutions. And a slam dunk prosecution typically consists of a positive—.08 or above—breath test result.

Now the government, the great magician—Oh, what do we have here? Oh, this is a portable breath testing device. Another government junk science illusion. The police will want you to take this at the roadside, but don’t take it. It’s simply a screen, it’s not at all accurate, and actually the Ohio Department of Health does not allow this evidence in court because it is unreliable.

Okay my Not Guilty fans, now it’s time for a Not Guilty magic trick. Abracadabra, don’t blow and don’t blabber. And make sure that the government doesn’t pull a bunny out of its magic hat. Choose to refuse that government-sanctioned magic machine. Say, “No-no to the po-po.”

Are you or someone you know facing DUI / OVI charges? 

If you are facing DUI charges, you need to speak with an experienced DUI attorney as soon as possible. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.

Steven R. Adams
Steven R. Adams was a criminal defense lawyer dedicated to DUI, OVI, and criminal defense in Cincinnati, Ohio.
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Alvin 08/10/2022 08:25 AM
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