New OVI BAC Test Instruments: Updates and Demonstration

Agenda:

1:00 pm: Ohio Administrative Code 3701-53 and the new breath alcohol test instruments

2:00 pm: Principles of operation

3:00 pm: Trial prep: common misunderstandings concerning breath alcohol testing and common challenges to breath test results

Course description:

This CLE is designed for prosecutors who handle impaired driving cases. The course will address updates to Ohio Administrative Code 3701-53 and the new breath alcohol test instruments added to OAC 3701-53-03 in January 2023. It will cover principles of operation, scientific basis for breath alcohol testing, similarities and differences between new and previous breath alcohol test instruments, responsibilities of breath test operators and senior operators, the steps of a breath test and of an instrument certification and how the breath test and certification and traceability documentation address the requirements of OAC 3701-53. It will also address common misunderstandings concerning breath alcohol testing and common challenges to breath test results. The addition of oral fluid as a laboratory sample to detect drugs in suspected impaired drivers will also be discussed. This course is designed to prepare and assist prosecutors for motion hearing and trial evidentiary foundation, introduction and admission into evidence, and defense challenges.

Presenter:

Jeanna Walock

Program Administrator/Forensic Toxicologist

Alcohol and Drug Testing Program

Ohio Department of Health Laboratory

Jeanna Walock is the Program Administrator and Forensic Toxicologist at the Ohio Department of Health. She directs the Alcohol and Drug Testing Program, which has oversight and training responsibilities for impaired driving testing. She holds a Bachelor of Science degree in Forensic Science from Michigan State University and a Master of Science degree in Forensic Toxicology from the University of Florida. The ADT program provides training and technical support for evidential breath alcohol testing and oversight of laboratory testing. She regularly testifies in OVI cases, as do the breath test inspectors. Previously, she conducted forensic analysis in serology and drug chemistry as part of the Illinois State Police Forensic Services Command and drug chemistry analysis as part of the BCI&I Laboratory System. She also conducted analysis of racehorse and human samples at the Analytical Toxicology Laboratory at the Ohio Department of Agriculture. She represents ODH on the Ohio Traffic Safety Counsel. Jeanna has completed both the Robert F. Borkenstein Course on Alcohol and Highway Safety: Testing, Research and Litigation and the Borkenstein Drug Course, as well as training courses from breath alcohol test instrument manufacturers. She is a member of The International Association for Chemical Testing and the American Chemical Society.

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