Answer:
Yes. An above-limit result may still be challenged. The defense can examine compliance with Ohio testing rules, sample collection, equipment checks, and the qualifications of the people conducting the test.
An above-limit breath, blood, or urine result does not eliminate the possibility of a defense. The government must establish the required basis for using that evidence in the case.
The attorney discusses reviewing sample collection, breath-device checks and maintenance, and the credentials of the testing personnel. Failures to follow the applicable rules may support a challenge.
An OVI defense evaluates the process behind the result rather than assuming the reported number resolves the case.
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