admissibility of the BAC test in Ohio

6 Ohio opinions name it 1 courts 1992–2007 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

Case	Followed	Cited
No positive-treatment citations attached to this issue in Ohio.

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
City of Defiance v. Kretz green ohio · 1991 2 sentences 1994Appellant failed to raise these issues in a motion to suppress, but did object to the admissibility of the BAC test results at trial: The state argues, relying on Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 , that appellant’s failure to challenge the BAC test results in a motion to suppress waived the issue for appeal. 1994Appellant failed to raise these issues in a motion to suppress, but did object to the admissibility of the BAC test results at trial: The state argues, relying on Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 , that appellant’s failure to challenge the BAC test results in a motion to suppress waived the issue for appeal.	5	1994–2007
State v. Steele green ohio · 1977 2 sentences 2007Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 ; Plummer , supra ; State v. Dickerson (1986), 25 Ohio St.3d 64 , Page 18 495 N.E.2d 6 ; State v. Steele (1977), 52 Ohio St.2d 187 , 370 N.E.2d 740 ". 2007Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 ; Plummer , supra ; State v. Dickerson (1986), 25 Ohio St.3d 64 , Page 18 495 N.E.2d 6 ; State v. Steele (1977), 52 Ohio St.2d 187 , 370 N.E.2d 740 ".	4	2000–2007
State v. Dickerson green ohio · 1986 2 sentences 2007Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 ; Plummer , supra ; State v. Dickerson (1986), 25 Ohio St.3d 64 , Page 18 495 N.E.2d 6 ; State v. Steele (1977), 52 Ohio St.2d 187 , 370 N.E.2d 740 ". 2004*Defiance v. Kretz (1991), 60 Ohio St.3d 1 ; Plummer, supra ; State v. Dickerson (1986), 25 Ohio St.3d 64 ; State v. Steele (1977), 52 Ohio St.2d 187 . {¶ 19} Appellant submits, and the State concedes, that the Department of Health Bureau of Alcohol and Drug Testing BAC Datamaster machine's training manual allows for a margin of error of no more than .003 on the second air blank test. {¶ 20} The State argues that absolute compliance with such regulation is not required for such results to be deemed admissible.	4	2000–2007
State v. Zapata green ohio · 1986 2 sentences 2007Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 ; Plummer , supra ; State v. Dickerson (1986), 25 Ohio St.3d 64 , Page 18 495 N.E.2d 6 ; State v. Steele (1977), 52 Ohio St.2d 187 , 370 N.E.2d 740 ". 2000*Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 573 N.E.2d 32 ; Plummer, supra; State v. Dickerson (1986), 25 Ohio St.3d 64 , 25 OBR 86, 495 N.E.2d 6 ; State v. Steele (1977), 52 Ohio St.2d 187 , 6 O.O.3d 418 , 370 N.E.2d 740 .	2	2000–2007
State v. Plummer green ohio · 1986 1 sentence 2004Defiance v. Kretz (1991), 60 Ohio St.3d 1 ; Plummer, supra ; State v. Dickerson (1986), 25 Ohio St.3d 64 ; State v. Steele (1977), 52 Ohio St.2d 187 . {¶ 19} Appellant submits, and the State concedes, that the Department of Health Bureau of Alcohol and Drug Testing BAC Datamaster machine's training manual allows for a margin of error of no more than .003 on the second air blank test. {¶ 20} The State argues that absolute compliance with such regulation is not required for such results to be deemed admissible.	1	2004–2004
State v. Ryan green ohioctapp · 1984 2 sentences 1994On appeal, appellant raises the following assignments of error: Assignment of Error No. 1: 374 “The trial court erred in finding defendant appellant guilty of a violation of O.R.C. 4511.19(A)(1).” Assignment of Error No. 2: “The trial court erred in admitting the BAC verifier result as the state failed to prove that the Ohio Department of Health rules and regulations had been followed by the Ohio State Patrol.” Assignment of Error No. 3: “The trial court erred in its determination that the four issues listed in Issue I[I] [sic ] of appellant’s brief and raised as issues by the state at trial 1994On appeal, appellant raises the following assignments of error: Assignment of Error No. 1: 374 “The trial court erred in finding defendant appellant guilty of a violation of O.R.C. 4511.19(A)(1).” Assignment of Error No. 2: “The trial court erred in admitting the BAC verifier result as the state failed to prove that the Ohio Department of Health rules and regulations had been followed by the Ohio State Patrol.” Assignment of Error No. 3: “The trial court erred in its determination that the four issues listed in Issue I[I] [sic ] of appellant’s brief and raised as issues by the state at trial	1	1994–1994
State v. Mendieta green ohioctapp · 1984 2 sentences 1994Therefore, “a defendant may be charged with both [offenses], found guilty of both, but may be sentenced only as to one.” State v. Mendieta (1984), 20 Ohio App.3d 18, 20 , 20 OBR 19, 21, 484 N.E.2d 180, 183 . 1994Therefore, “a defendant may be charged with both [offenses], found guilty of both, but may be sentenced only as to one.” State v. Mendieta (1984), 20 Ohio App.3d 18, 20 , 20 OBR 19, 21, 484 N.E.2d 180, 183 .	1	1994–1994
City of Cincinnati v. Sand green ohio · 1975 2 sentences 1992Cincinnati v. Sand (1975), 43 Ohio St.2d 79 , 72 O.O.2d 44 , 330 N.E.2d 908 . 1992Cincinnati v. Sand (1975), 43 Ohio St.2d 79 , 72 O.O.2d 44 , 330 N.E.2d 908 .	1	1992–1992

Statutes the citing opinions construe

OH § Ohio Rev. Code § 4511.19 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 6 (1992–2007) WA 2 (2006–2006) TX 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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