Legal Question in DUI Law in Ohio

medications and a breathalizer

i was pulled over after having 2 1/2 beers over around 3 hours. I was not feeling even the slightest bit tipsy and didn't think twice about driving the mile and a half home. My left blinker was out and i was pulled over for a marked lane violation. after completing the field sobriety tests and blowing i was arrested. at the station he said i blew a .10. with the small amount of beer i had is it possible that my thyroid medication made the reading higher? i've entered the amount of beer and the amount of time spent drinking into the BAC calculators i've found online and the highest reading i've gotten is a .06.


Asked on 2/19/07, 11:00 am

3 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: medications and a breathalizer

It may be possible that your thyroid medication interfered with the body's ability to metabolize alcohol, but I doubt it. The only way to know for sure is to know the exact medication and dosage, then contact an expert in pharmacology.

Assuming that you had 12 oz bottled beer, two and one-half beers would equal 30 oz. of beer. Depending on when those were consumed, your height, weight, what you had to eat, etc., a reading of 0.10 is possible. On the other hand, it could be wrong.

You need to hire an attorney in your area who is familiar with breath testing devices. That attorney can check to see whether or not there was an error in your case.

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Answered on 2/19/07, 11:08 am
Joseph Jacobs Jacobs & Lowder

Re: medications and a breathalizer

I think it is obvious that you need a lawyer and right now. Dui's have a longlasting effect on your life, and there are facts here that cause me to think you could get out of it with a reckless operation. There is much for your lawyer to do, so make sure you plead not guilty at your arraignment and ask for a lawyer to be appointed to you if you cannot afford one. You may contact me directly if you wish.

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Answered on 2/19/07, 12:48 pm
Michael Brandabur Brandabur Law, LLC

Re: medications and a breathalizer

Setting aside the medication issue, the officer may have enough other evidence to try and obtain a conviction without the BAC reading. In short, if convicted you will face a whole host of very long term consequences, many of which you may not be aware of. Our firm has several attorneys that are very experienced in this area of the law and will provide you a free consultation.

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Answered on 2/20/07, 11:17 pm


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