Challenging Breathalyzer Results in Ohio and Why the Numbers May Be Wrong

A failed breath test during a traffic stop can feel like the end of the case. The officer prints a number, says you are over the limit, and suddenly you are facing an OVI charge with serious penalties. What many drivers do not realize is that breathalyzer results are not always accurate. They are produced by machines that require careful calibration and by officers who must follow strict procedures. Our Cleveland drunk driving defense lawyers at Patrick M. Farrell Co. L.P.A. represent clients throughout Cuyahoga County and Northeast Ohio who are challenging breathalyzer results in Ohio and fighting back against questionable OVI evidence.

When the state relies on a single number to prove guilt, every step in the testing process deserves scrutiny. Challenging breath tests in Ohio is often the key to reducing charges, negotiating a better outcome, or winning at trial.

How Breath Test Results Are Used in Ohio OVI Cases

In Ohio, most drunk driving charges are brought under O.R.C. § 4511.19, which sets per se limits for blood alcohol concentration. A BAC of 0.08 percent or higher for most drivers can support an OVI charge. For commercial drivers and underage drivers, the legal limits are lower.

Prosecutors rely heavily on breathalyzer results to:

• Justify the arrest
• Support the OVI charge at arraignment
• Influence plea bargaining
• Persuade judges and juries at trial

In both Cleveland Municipal Court and Cuyahoga County Common Pleas Court, the breath test printout is often treated as the centerpiece of the case. That is why challenging breathalyzer results in Ohio is such an important defense strategy.

Penalties That Can Follow a Failed Breath Test

Even for a first offense, a failed breath test can lead to serious consequences, including:

• Administrative License Suspension (ALS)
• Jail time or community control sanctions
• Fines, court costs, and program fees
• Ignition interlock device requirements
• Mandatory alcohol education or treatment
• A permanent criminal record

Key takeaway: A failed breath test is not the same as a conviction. The results can be challenged, and the case can often be improved with an effective defense.

9 Reasons Breath Test Results May Be Inaccurate

Challenging breath tests in Ohio is often necessary, and our legal team routinely uncovers problems that weaken the state's evidence. Many drivers rely on drunk driving myths about how breath tests function, and those misunderstandings frequently lead to avoidable OVI arrests.

1. Poor Calibration and Maintenance

Breath testing devices require regular calibration and maintenance. If the machine is overdue for calibration, was serviced incorrectly, or has a history of malfunctions, its readings may be unreliable.

We obtain maintenance and calibration logs to see whether the machine was in proper working order. A poorly maintained device is a strong basis for challenging breathalyzer results in Ohio.

2. Operator Error and Inadequate Training

Ohio law requires officers to be trained and certified to perform breath tests. Common errors include:

• Skipping the required observation period
• Failing to check the mouth for foreign substances
• Incorrectly instructing the driver
• Entering the wrong settings or information

If the officer did not follow protocol, the result may be excluded or given less weight in court.

3. Mouth Alcohol and Residual Contamination

Breathalyzers are designed to measure deep lung air, not alcohol in the mouth. Residual alcohol from:

• Mouthwash or breath spray
• Recent vomiting or burping
• GERD or acid reflux
• Cough syrup or cold medicine

can inflate the reading. These factors make it appear as if your BAC is higher than it actually is.

4. Medical Conditions That Mimic Impairment

Certain health conditions can affect both your appearance and the chemical test:

• Diabetes and ketogenic diets can produce acetone, which some devices misread as alcohol
• GERD and reflux can push alcohol vapors back into the mouth
• Hypoglycemia can cause confusion or unsteady behavior

When appropriate, we consult medical experts to connect these conditions to your test result.

5. Medications and Inhalers

Asthma inhalers and certain medications can leave alcohol-based propellants or chemicals in your airways. These substances can trigger false positives or exaggerated BAC levels.

A careful review of your prescriptions and medical history can be critical to challenging breath tests in Ohio.

6. Contaminated Testing Environment

Breath testing devices are sensitive instruments. Fumes from paint, gasoline, solvents, or industrial cleaners can interfere with readings. A test conducted in a garage, near a patrol car exhaust, or in a poorly ventilated area may be compromised.

7. Food and Beverages That Skew Results

Fermenting or high-sugar foods can sometimes contribute to misleading readings. These can include:

• Ripe fruit
• Energy drinks or bars with sugar alcohols
• Fermented foods that increase reflux

These details matter when evaluating borderline or unexpected results. 

8. Timing of the Test

Alcohol absorption is not instantaneous. There is a difference between your BAC while driving and your BAC at the time of the test. If the breath test is delayed, your BAC may have risen after you stopped driving.

This rising BAC issue can be especially important in cases with short timelines between the last drink, the stop, and the test.

9. Documentation and Recordkeeping Problems

Officers and testing agencies must document:

• The time of the stop and test
• The observation period
• Calibration and maintenance records
• Chain of custody for test results

Missing or inconsistent records weaken the prosecution’s case and support motion practice aimed at suppressing or discrediting the results.

The Criminal Process After a Breath Test in Cleveland

If you are charged with OVI after a breath test, your case will usually follow these stages:

1. Arraignment in Cleveland Municipal Court or another local court, where you enter a plea and bond conditions are set.
2. Discovery, where our team obtains police reports, videos, calibration records, and medical or scientific evidence.
3. Pretrial motions, including motions to suppress breath test results if legal or procedural violations occurred.
4. Plea negotiations based on the strength of the evidence and your long-term goals.
5. Trial, if needed, where the state must prove impairment beyond a reasonable doubt.

The legal team at Patrick M. Farrell Co. L.P.A. builds personalized defense strategies for clients facing OVI charges, often centered on challenging breathalyzer results in Ohio and exposing weaknesses in the state’s evidence. If you are in search of a breathalyzer defense lawyer near me, our firm is prepared to step in quickly and protect your rights.

Your Case Is More Than a Number on a Printout

A breath test result is powerful evidence, but it is not perfect and it is not beyond challenge. Machines malfunction, officers make mistakes, and medical or environmental factors can distort the result. When your license, record, and freedom are at stake, you deserve a defense that looks beyond the number and examines how the state actually handled your OVI case. The legal team at Patrick M. Farrell Co. L.P.A. represents clients in Cleveland, Lakewood, and across Northeast Ohio with a focused, evidence driven approach designed to challenge breath tests and protect your future at every stage of the criminal process.

If you’ve been arrested in Cleveland, Lakewood, or anywhere in Northeast Ohio, don’t wait. Call Patrick M. Farrell Co. L.P.A. at (216) 661-5050 or request a free consultation now. The sooner our team can start investigating your breath test results, the more options we have to fight for a better outcome.

Text or Call: (216) 661-5050 • Contact: Submit a Request • Email: cindy@patfarrelllaw.com

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