Challenging Breath Tests in Ohio OVI / DUI Cases

If you’re pulled over for suspected driving under the influence in Ohio, law enforcement may ask you to submit to a breath test to measure your blood alcohol content (BAC). However, breath test results are not always accurate and can be challenged in court.

If you’ve been charged with OVI based on a breath test, understanding your legal options could make a significant difference in the successful defense of your case.

DUI vs OVI

When referring to a charge of driving under the influence, the state of Ohio uses the acronym OVI, which stands for Operating a Vehicle Under the Influence of drugs or alcohol.

More people are familiar with DUI for Driving Under the Influence of alcohol or drugs, which is what the old law was called. 

This blog will use the terms OVI or DUI interchangeably.

For more information about the difference between DUI and OVI, please refer to our blog, What’s the Difference Between an OVI vs DUI in Ohio.

Why OVI Breath Tests Can Be Unreliable

Breath tests may seem like definitive proof of intoxication, but they can be inaccurate and can be challenged. Several factors can affect the accuracy of breath test results, including:

Breathalyzer Machine Calibration Errors

Breathalyzers must be regularly calibrated to ensure accuracy. If the device was not properly maintained, the test results may be invalid.

Operator Error

Law enforcement officers must follow strict procedures when administering breath tests. Mistakes in the process can lead to unreliable readings.

Medical Conditions and Diet

Conditions such as

• Gastroesophageal reflux disease (GERD) or acid reflux
• Diabetes
• Respiratory issues like asthma or COPD

can produce inaccurate BAC readings.

Even certain diets, like the keto diet, can contribute to faulty test results.

Mouth Alcohol Contamination

Residual alcohol from mouthwash, medications, or burping/belching before the test can lead to falsely high BAC results.

Common Defense Strategies for Challenging Breathalyzer Results

A skilled OVI / DUI defense lawyer can challenge breath test results using several legal strategies, including:

Questioning Calibration and Maintenance Records

If the breathalyzer test was not properly calibrated or maintained, the test results may be dismissed.

Examining Police Procedures

Failure to follow proper protocols, such as observing the defendant for 20 continuous minutes before administering the test, can make the results inadmissible.

Presenting Expert Testimony

An expert witness can testify about the unreliability of breath tests and how specific factors may have affected your results.

Arguing for Suppression of Evidence

If your rights were violated during the traffic stop or arrest, your attorney may be able to get the breath test evidence thrown out entirely.

How an Experienced Ohio DUI Defense Lawyer Can Help

If you’re facing OVI / DUI charges in Ohio, you don’t have to face them alone. An experienced OVI / DUI defense attorney can thoroughly examine the circumstances of your case, identify weaknesses in the prosecution’s evidence, and build a strong defense on your behalf.

Contact an OVI / DUI Defense Attorney in Ohio Today

Challenging breath test results requires legal expertise and an in-depth understanding of Ohio DUI laws. If you’re facing OVI charges, don’t wait—contact an experienced OVI defense lawyer today to discuss your options and protect your rights.

Call SS+D Law at 937-222-2500 or fill out our online form to schedule a free consultation. We are here to fight for you!