Challenging Breath Tests in Ohio: 9 Reasons the Results May Be Inaccurate

A failed breath test during a traffic stop can feel like the end of the road—but it’s not. Many Ohio drivers charged with OVI (Operating a Vehicle Impaired) don’t realize that breathalyzer tests are not infallible. They’re machines operated by humans, both of which can (and do) make mistakes. At Patrick M. Farrell Co. L.P.A., we defend clients across Cleveland, Cuyahoga County, and Northeast Ohio who are facing DUI charges based on questionable breath test results. If you’ve been arrested for drunk driving, don’t assume the results are accurate—and don’t plead guilty without a fight.

What Are the Penalties for Failing a Breath Test in Ohio?

If your breath test shows a BAC of 0.08% or higher, you could face immediate and long-term consequences, including:

• Administrative License Suspension (ALS)
• Jail time (even for a first offense)
• Fines, fees, and court costs
• Ignition interlock installation
• A permanent criminal record

But here's the truth: breath test results can be wrong. If the evidence against you is flawed, you may be able to have your charges reduced or dismissed.

Can You Really Challenge a Breath Test in Court?

Yes. And we do it all the time.

Our drunk driving defense lawyers have successfully challenged breath tests in courts across Cuyahoga County, including Cleveland Municipal Court and Cuyahoga County Common Pleas Court. We uncover the details police often overlook—and we use them to build a strong defense.

9 Reasons a Breath Test Could Be Inaccurate in Ohio

1. Improper Device Calibration

Breathalyzers must be routinely calibrated and tested for accuracy. If the machine used in your case was overdue for maintenance or malfunctioning, your BAC reading may be invalid. We can request calibration logs to determine if the equipment was reliable.

2. Operator Error or Inadequate Training

Ohio law requires officers to be trained and certified to administer breath tests. If the officer skipped a step, failed to observe you for the required 20 minutes, or used the device improperly, the results can be challenged and possibly suppressed in court.

3. Mouth Alcohol Contamination

Residual alcohol in the mouth can distort breath test results. Common sources include:

• Mouthwash
• Recent vomiting or belching
• Acid reflux (GERD)
• Cough syrup or cold medicine

These factors can inflate your BAC reading and make it appear you were over the legal limit—even if you weren’t.

4. Medical Conditions

Certain health conditions can mimic or interfere with breathalyzer results, including:

• Diabetes: Produces acetone (a ketone) that can register as alcohol
• GERD/Acid Reflux: Pushes alcohol vapors into the mouth
• Hypoglycemia: Can cause slurred speech and confusion, mimicking intoxication
• Asthma inhalers: May contain alcohol-based propellants that alter test results

We consult medical experts and present supporting documentation to raise doubt about breath test reliability.

5. Certain Medications and Inhalers

Prescription medications such as:

• Albuterol
• Salmeterol
• Budesonide

have been shown to cause false positives in breathalyzer results. These substances can linger in the airways and trick breath testing devices into detecting alcohol when there is none.

6. Contaminated Testing Environment

Airborne contaminants such as paint fumes, cleaning products, or gasoline can affect sensitive breath testing equipment. If the test was conducted near these substances—or the machine wasn't properly cleaned—your result could be invalid.

7. Consuming Certain Foods or Beverages

Believe it or not, foods and drinks can contribute to false positives. These include:

• Sugar alcohols (found in protein bars, energy drinks, and gum)
• Ripe fruits (like bananas or peaches)
• Fermented foods (like sauerkraut or sourdough)
• Spicy meals (can trigger acid reflux)

Our team can present dietary evidence to explain unusual readings.

8. Timing of the Test

Alcohol absorption varies. If your breath test was administered shortly after drinking, your BAC level may not have peaked yet, meaning you were not legally impaired while driving, even if the test said otherwise.

9. Inaccurate or Incomplete Documentation

Officers are required to properly document:

• Observation periods
• Time of arrest vs. time of testing
• Chain of custody for results
• Maintenance records for the device

Any inconsistency or omission can weaken the prosecution's case.

What Happens After a DUI Arrest in Cleveland?

If you’ve been arrested for a DUI (known as an OVI) in Ohio, your case will typically move through the following stages:

1. Booking & Processing – Fingerprints, photographs, and initial charges
2. Arraignment – You’ll enter a plea in court
3. Pretrial Motions – We may file a motion to suppress the breath test
4. Plea Negotiation or Trial – Depending on the strength of the evidence and your goals

Patrick M. Farrell Co. L.P.A. will be with you at every step, working to secure the best possible outcome.

Challenging a DUI Starts with Challenging the Breathalyzer

Being charged with drunk driving doesn’t mean you’re guilty. If you’ve failed a breath test or refused to take one, you still have legal options. Call or text Patrick M. Farrell Co. L.P.A. at (216) 661-5050 now for a free, confidential consultation with an experienced Cleveland criminal defense attorney. You can also fill out our secure online form—your information stays confidential, and an attorney from our trusted legal team will follow up shortly. We’re ready to challenge the evidence and help you move forward.

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