8 Myths About Drunk Driving in Ohio—and the Truth Behind Them

Don’t let misinformation about drunk driving laws in Ohio put your future at risk. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense lawyers help clients facing OVI charges across Cuyahoga County—including Lakewood, Parma, Akron, and Euclid—understand their rights and defend their freedom.

If you’ve been arrested or charged with OVI (Operating a Vehicle Impaired) in Ohio, it’s essential to separate myth from reality. Below, we expose eight of the most dangerous myths about drunk driving—and what you need to know to protect yourself.

Myth #1: You Must Be Driving to Be Charged with OVI

Fact: In Ohio, you don’t need to be caught in the act of driving to be arrested for OVI. The law prohibits operating or being in physical control of a vehicle while impaired. That means even sitting in the driver’s seat with the keys in your pocket can result in charges.

Legal Tip: OVI charges have been upheld when individuals were found asleep in their car with the engine off—don’t assume you’re safe if you’ve pulled over.

Myth #2: You Can’t Be Charged If Your BAC Is Below .08%

Fact: While .08% BAC is the legal limit, officers can still arrest you for OVI if you show signs of impairment—even at lower BAC levels. If an officer believes your coordination, speech, or judgment is affected, you can face charges.

Important: Ohio also has a "low-tier OVI" for drivers with a BAC between 0.02% and 0.08% if other impairment is present.

Myth #3: Coffee or Cold Showers Will Sober You Up

Fact: Only time can sober you up. Your liver needs roughly one hour to metabolize one drink. Stimulants like coffee may make you feel alert but do not reduce your BAC or reverse alcohol’s effects on judgment and reflexes.

Don’t gamble on tricks—wait before you drive.

Myth #4: Mouthwash Helps You Pass a Breath Test

Fact: Many mouthwashes and breath sprays contain alcohol. Ironically, using them before a test can spike your BAC reading, even if you haven’t been drinking.

Legal tip: Avoid alcohol-based products if you’re driving—even trace amounts can lead to false positives.

Myth #5: I Slept It Off, So I’m Good to Drive

Fact: Sleep doesn’t metabolize alcohol. If you drank heavily the night before, your BAC might still be elevated when you wake up. That puts you at risk of a morning-after OVI if stopped by law enforcement.

Common scenario: Many morning commuters are unknowingly over the legal limit.

Myth #6: Refusing a Breathalyzer Means No OVI Charge

Fact: Refusing a chemical test can lead to an automatic license suspension and other penalties under Ohio’s implied consent law. Plus, police can still use officer observations and field sobriety tests to build a case.

Refusal is not a defense—it can make things worse.

Myth #7: I Can Fool a Breathalyzer

Fact: Tricks like sucking on a penny, chewing gum, or hyperventilating do not fool modern breathalyzers. These devices are designed to detect ethanol in your breath and are routinely calibrated to remain accurate.

Attempting to game the test could backfire—and be used as evidence of intent.

Myth #8: There’s No Way to Beat an OVI Charge in Ohio

Fact: Every OVI case is different. Your Cleveland OVI defense lawyer at Patrick M. Farrell Co. L.P.A. can challenge probable cause, question test accuracy, or raise constitutional issues. Many clients avoid conviction altogether through legal motions, plea negotiations, or trial defenses.

Don’t assume the worst—let us review your case.

Charged with OVI in Cleveland? We Can Help.

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Too many Ohio drivers face serious penalties not because they were reckless—but because they didn’t know the law or how OVI charges really work. Our Cleveland criminal defense lawyers at Patrick M. Farrell Co. L.P.A. offers aggressive, knowledgeable legal counsel for OVI charges and criminal defense across Northeast Ohio. Whether you were pulled over in Cleveland, Parma, Lakewood, Euclid, or Akron, we’re ready to fight for your rights.

Call or text Patrick M. Farrell Co. L.P.A. at (216) 661-5050 now for a free, confidential consultation with an experienced Cleveland drunk driving defense lawyer. 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. 

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