Think the Breathalyzer Is Always Right? Here’s How Results Get Challenged

Breath tests are treated as powerful evidence in Ohio OVI cases, but a number on a printout is not automatically the same thing as proof beyond a reasonable doubt. What matters is how the test was administered, whether the instrument was properly maintained, and whether the reading fits the full timeline of the stop. Patrick M. Farrell Co. L.P.A. represents clients in Cleveland and across Cuyahoga County, including Westlake, Strongsville, and Avon, when an OVI allegation puts driving privileges and a clean record at risk. If you are being investigated or charged, talking with a Cleveland criminal defense attorney early can help you challenge shaky evidence before it becomes the foundation of the case.

Why Breathalyzer Evidence Can Decide an Ohio OVI Case

OVI prosecutions often rely on three categories of evidence: the officer’s observations, roadside testing, and chemical testing. When a breath test is in the file, prosecutors may treat the number as the centerpiece and use it to support charging decisions, bond conditions, and plea offers.

If you took a breath test and the result is being used against you, the most important question is not “What did the machine say?” It is whether the state can prove the result is reliable and legally admissible. A Cleveland OVI defense lawyer focuses on whether the procedures and records support the result, and whether gaps in compliance create room to challenge the test.

Can You Challenge a Breathalyzer Result in Ohio?

Yes. Breath tests are admissible in many cases, but they are not immune from challenge. Effective challenges are usually case specific and focus on whether the state followed required procedures and whether the result can be trusted in context.

A Cleveland criminal defense lawyer will typically evaluate four areas:

• The legal basis for the stop and the request for testing
• The observation and testing process
• Instrument maintenance and calibration records
• Consistency between the test result, the timeline, and other evidence

A Cleveland drunk driving defense lawyer may also examine how the state is using the number, including whether prosecutors are overstating what the result can actually prove.

How Breathalyzer Results Get Challenged in Cleveland and Cuyahoga County

Breath testing is technical. That can help the state when everything is done correctly, and it can expose weaknesses when steps are missed, records are incomplete, or the timeline does not make sense.

Observation period and mouth alcohol issues

Breath testing protocols generally require an observation period before the test. The goal is to reduce the risk that mouth alcohol, regurgitation, reflux, or recent substances inflate the reading.

Challenges often focus on issues like:

• The officer was distracted or multitasking during the observation period
• The driver burped, vomited, or showed signs consistent with reflux near testing
• Substances like tobacco or breath products were present
• The paperwork does not match what happened during the stop

A Cleveland criminal defense attorney will often compare reports to video and instrument logs to see whether the observation requirement was actually satisfied.

Operator training and step by step procedure

Breath testing requires a trained operator and a consistent process. In many cases, strong defense work starts by checking whether the required steps happened in the right order, without interruptions.

A criminal defense attorney in Cleveland may examine:

• Whether the operator was properly certified for that instrument
• Whether the device reported errors, interruptions, or abnormal readings
• Whether required steps were skipped or performed out of order
• Whether the officer documented the process accurately

Instrument maintenance, calibration, and records

Breath test instruments are only as reliable as their maintenance history. Defense review often includes calibration checks, service logs, and records showing whether the device was operating within required standards.

If records are missing, unclear, or inconsistent, a Cleveland OVI defense lawyer may pursue:

• A motion challenging admissibility
• Arguments reducing the weight of the number
• Leverage in negotiations based on reliability concerns

Why Timing Matters More Than Most People Realize

A breath test is a snapshot in time. The timing of the stop, the arrest, and the test matters because alcohol absorption and elimination are not fixed. Prosecutors may present the number as a settled truth, but the defense evaluates whether the state’s interpretation fits the timeline and surrounding evidence.

This is one reason a Cleveland drunk driving defense lawyer looks closely at:

• When driving ended versus when testing occurred
• Whether the state is making assumptions about impairment at the earlier driving time
• Whether other evidence supports or contradicts the breath number

What Typically Happens After an OVI Arrest in Ohio

If you were arrested in Cleveland or elsewhere in Cuyahoga County, most cases move through predictable stages:

1. Investigation and charging: reports, video, and testing documentation form the initial case narrative.
2. Bail or bond: conditions may restrict driving, alcohol use, travel, or reporting.
3. Arraignment: charges are formally entered and future dates are scheduled.
4. Pretrial and discovery: the defense reviews the stop, videos, test logs, and maintenance records.
5. Motions and negotiations: legal challenges often target the stop, statements, testing procedure, or instrument reliability.
6. Trial, if needed: the state must prove every element beyond a reasonable doubt.

Bond conditions and license consequences can hit immediately. A Cuyahoga County criminal defense lawyer can help you understand conditions and avoid preventable issues while the case is pending.

What To Do Now If a Breath Test Is Driving the Charge

If the breath test result is central to your case, early decisions matter.

• Do not give an interview without counsel
• Avoid discussing the case by text, email, or social media
• Write down the timeline while it is fresh, including stop timing and testing timing
• Preserve paperwork and any documents you received
• Ask your lawyer about obtaining test logs and maintenance records early
• Do not try to “fix” the situation by making extra statements to police

A Cleveland criminal defense lawyer can protect you from common mistakes, and a Cleveland OVI defense lawyer can identify the most effective way to challenge breath testing evidence based on the actual facts.

Patrick M. Farrell Co. L.P.A. provides defense representation in Cleveland and Cuyahoga County, including Strongsville, Westlake, and Avon. Call or text 216-661-5050 for a free, confidential consultation.

When Breathalyzer Results Should Be Questioned Before They Define Your Case

Breathalyzer results can be challenged in Ohio, but the strongest defenses usually focus on the details: observation rules, testing steps, instrument maintenance records, timing, and inconsistencies between reports and other evidence. Patrick M. Farrell Co. L.P.A. provides defense representation throughout Cleveland and Cuyahoga County for people facing OVI allegations where a breath test number is being treated as the whole story. A Cleveland criminal defense attorney can review whether the state followed the rules and whether the evidence is reliable enough to support the charge.

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

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