Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamUnderstanding Breathalyzer Test Procedures
Before we get into the legal defenses, it is important to understand how Breathalyzer tests work. The device measures the amount of alcohol in your breath by analyzing the sample you provide. Police officers are trained to properly administer these tests and ensure that they are conducted in accordance with specific protocols. Unfortunately, mistakes can happen, and improper procedures during testing can result in inaccurate or unreliable results. There are strict rules and guidelines in Ohio that govern how Breathalyzer tests should be administered. If any of these procedures are not followed correctly, it can lead to a legal defense that challenges the validity of the test results. Let’s take a closer look at some of the key defenses.Improper Calibration of the Breathalyzer Device
One of the most common defenses against Breathalyzer test results is that the device was improperly calibrated. Breathalyzers must be calibrated regularly to ensure that they are providing accurate readings. If the device was not calibrated correctly or was out of date, it could lead to inaccurate results. For example, if the officer did not perform the required calibration checks before the test or if the device has not been serviced in a while, the accuracy of the test could be in question. A defense lawyer can look at the device’s maintenance records and calibration history to determine if the device was functioning properly at the time of your test.Improper Administration of the Test
Another possible defense is that the officer did not administer the test according to proper procedure. Ohio law requires that Breathalyzer tests be given following specific steps. This includes ensuring that the individual does not consume food, drink, or smoke for at least 20 minutes before the test. This waiting period is important because anything consumed during this time could affect the results of the test. If the officer failed to observe this 20-minute waiting period, it could provide grounds for a defense. In addition, the officer must ensure that the test is given in the right manner and that the Breathalyzer device is used properly. If the officer made any mistakes during the administration of the test, this could impact the test’s accuracy and serve as a defense.Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.