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 teamHow Cold Weather Affects Breathalyzer Devices 
Breathalyzers are designed to measure the amount of alcohol in a person’s breath by using chemical sensors. These sensors are calibrated to work within specific temperature ranges, and when the outside temperature drops, several factors come into play that can lead to inaccurate readings. - Sensor Calibration and Temperature Sensitivity A breathalyzer functions by detecting the amount of alcohol present in the air sample that a person exhales. This process relies on sensors that are calibrated to respond accurately under ideal conditions. When the temperature is low, these sensors can become less responsive or slower, which could lead to a delayed or inaccurate reading. In extreme cold, the sensor may even register a higher BAC than what is actually present in the individual’s bloodstream. This is because the device is not properly adjusted to compensate for temperature changes, making it crucial for DUI defense attorneys to examine calibration when cold weather is involved.
- Condensation Interfering with the Test Results Cold temperatures can also lead to condensation within the breathalyzer device. As a person exhales, moisture from the breath can accumulate in the tubing or sensor, which may alter the breath sample. In conditions where the air is particularly cold, the condensation might cause a distorted BAC reading. This issue is particularly prevalent in winter months when Ohio drivers are more likely to encounter these conditions. If the breathalyzer registers moisture, it may lead to a higher reading of alcohol in the bloodstream, which can affect the accuracy of the test.
- Physiological Effects of Cold Weather on the Human Body Cold weather can also influence how alcohol is metabolized and exhaled from the body. In lower temperatures, the body’s respiratory system reacts differently, and the air being exhaled may be denser, colder, or more humid than normal. This can interfere with the accuracy of the breathalyzer test, as the device may not detect the true amount of alcohol vapor present in the breath. The body may also constrict airways in response to cold temperatures, affecting the air that is expelled. These physiological changes are often overlooked but play a significant role in the final reading displayed on the breathalyzer.
- Environmental Factors Impacting Breath Sample Quality Beyond the temperature itself, other environmental factors can contribute to inaccurate breathalyzer results. For instance, cold temperatures may affect the air pressure in the testing environment, further complicating the measurements. The device may be more sensitive to changes in air quality, and in areas with high humidity or extremely cold air, the measurement of alcohol in the breath may become inconsistent. This highlights the importance of proper breathalyzer maintenance and calibration before and after use, particularly during the colder months when such factors become more significant.
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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.
Impact on DUI Defense in Ohio
In Ohio, where winter months bring harsh conditions and significant temperature fluctuations, understanding how these environmental factors can affect breathalyzer results is crucial for individuals facing DUI charges. If breathalyzer results are inaccurate due to the cold weather, it may be possible to challenge the validity of the test in court.- Challenging Breathalyzer Results A skilled DUI attorney from Sabol Mallory LLC can help challenge breathalyzer results, especially if they are obtained under questionable circumstances. If there is evidence that the breathalyzer was improperly calibrated or malfunctioned due to cold weather conditions, this can be used as part of a defense strategy. The defense attorney may request that the test be retaken or that a blood test be performed to confirm the BAC level.
- Requesting a Blood Test as an Alternative If there is any doubt about the accuracy of the breathalyzer test, individuals have the right to request a blood test. Blood tests are often more reliable than breathalyzer tests and can provide a more accurate reading of an individual’s BAC. In cases where the breathalyzer test has been influenced by environmental factors, requesting a blood test is a prudent step to ensure that accurate and reliable evidence is obtained.
- Investigating Breathalyzer Calibration and Maintenance Law enforcement officers are required to perform regular maintenance and calibration on breathalyzer devices to ensure their accuracy. In cases where cold weather may have interfered with the device’s functionality, defense attorneys can investigate whether proper procedures were followed. If the breathalyzer was not adequately maintained or calibrated, it may be possible to dismiss or reduce the charges based on flawed evidence.
- Understanding the Role of Expert Witnesses in DUI Cases Expert witnesses in the field of forensic toxicology and breathalyzer technology can play a key role in DUI defense. These professionals can testify about how environmental conditions, including temperature, can affect the accuracy of breathalyzer results. Expert testimony can serve as a critical component of a defense strategy, helping to explain the scientific principles behind breathalyzer inaccuracies in cold weather and supporting the case for challenging the DUI charge.
What Should You Do if You Are Arrested for DUI in Cold Weather?
Being arrested for DUI can be a daunting experience, especially if you suspect that the breathalyzer test results may have been skewed by cold weather. If you are facing DUI charges in Ohio, here are some important steps to take:- Know Your Rights to Request a Blood Test If you believe that the breathalyzer test was inaccurate, you have the right to request a blood test. Blood tests are more accurate and can provide a stronger defense if the breathalyzer reading is challenged.
- Document the Conditions Surrounding Your Arrest It’s essential to document the weather conditions at the time of your arrest. If you were arrested in freezing or extremely cold weather, this could be an important factor in challenging the breathalyzer results. Record the temperature, any condensation or moisture present, and other relevant details that could affect the accuracy of the test.
- Consult with a DUI Defense Lawyer Contact a knowledgeable DUI defense attorney from Sabol Mallory LLC as soon as possible. A skilled lawyer can help you navigate the legal process and ensure that your rights are protected. They can also investigate whether environmental factors like cold weather may have influenced the breathalyzer results and mount an effective defense.