False Sobriety: Why You Might Still Be Legally Drunk Behind the Wheel

Many drivers believe that if they “feel okay,” they’re safe to drive. Unfortunately, that’s not how Ohio law works. You can still be arrested for OVI (Operating a Vehicle Impaired) even if your BAC is under the legal limit—or still rising. At Patrick M. Farrell Co. L.P.A., our criminal defense team defends drivers who are arrested after mistakenly thinking they were sober enough to drive. We represent clients across Cleveland, Cuyahoga County, and Northeast Ohio, and we know how to challenge OVI charges built on false assumptions.

What Is “False Sobriety”?

False sobriety is a common but dangerous misunderstanding. It refers to the period when a person feels alert and in control but is still impaired—either because their BAC remains elevated or because alcohol is still affecting their reaction time, judgment, or coordination.

Why does this happen?

• BAC continues rising for 30–90 minutes after your last drink
• Factors like body weight, food intake, and metabolism affect absorption
• “Sober-up” tricks (like coffee or water) may improve alertness but do not change your BAC

Example: You may feel more awake after a cold shower or strong coffee, but your BAC is unchanged—and you can still be arrested.

How Ohio Measures BAC and Impairment

In Ohio, the legal limit for blood alcohol concentration (BAC) is 0.08% for adults. But that’s not the whole story.

Under Ohio Revised Code §4511.19(A)(1)(a), you can be arrested for OVI even if your BAC is below 0.08% if an officer believes your driving is impaired.

Police may arrest based on:

• Slurred speech
• Bloodshot or glassy eyes
• Confused answers or delayed responses
• Poor performance on field sobriety tests
• The smell of alcohol or erratic driving behavior

Important: Officer discretion plays a major role in OVI arrests. Feeling sober isn’t a defense if the officer claims you were impaired.

Why Your BAC Might Still Be Rising

Even if you just stopped drinking, you might not be at your peak BAC yet.

Here’s how it works:

• Alcohol takes time to move from your stomach to your bloodstream
• After your last drink, your BAC may continue to increase for up to 90 minutes
• You may feel fine immediately after leaving a bar, but legally, you could be getting more impaired by the minute

Common Myths About “Sobering Up” Quickly

Many people believe they can trick their bodies—or the breathalyzer—into thinking they’re sober. These myths can put you at legal risk.

The truth:

• Coffee doesn’t sober you up—it just makes you feel more alert
• Cold showers and water don’t lower your BAC
• Chewing gum, sucking on pennies, or hyperventilating will not trick a breathalyzer
• Only time allows your body to metabolize alcohol

Legal Tip: Attempting to fool a breath test or hide signs of impairment can be used by prosecutors to show “consciousness of guilt.”

Arrested Despite Feeling Sober? You Still Have Legal Options

At Patrick M. Farrell Co. L.P.A., our Cleveland OVI attorneys have successfully defended drivers arrested after a night out, a morning commute, or a false-positive test.

We build strong defenses by:

• Challenging officer observations and field test procedures
• Questioning the timing and calibration of BAC testing devices
• Investigating constitutional violations, like illegal stops or Miranda rights issues
• Negotiating plea reductions, alternative sentencing, or full case dismissals

What Happens After an OVI Arrest in Cleveland?

If you're arrested for drunk driving in Cleveland, Parma, or anywhere in Cuyahoga County, here’s what usually happens:

1. You are processed and booked
2. Charges are filed under Ohio Revised Code §4511.19
3. Your case is assigned to the Cleveland Municipal Court or Cuyahoga County Common Pleas Court
4. You’ll be scheduled for an arraignment, where you can enter a plea
5. Your defense attorney begins building your case immediately

Facing an OVI charge? Time matters. Call Patrick M. Farrell Co. L.P.A. as soon as possible so we can protect your license, your record, and your future.

Don’t Trust How You Feel—Trust the Facts. We Can Help.

Being charged with OVI in Northeast Ohio doesn’t always mean you were driving drunk. If you believed you were safe to drive but were still arrested, we’re here to help. At Patrick M. Farrell Co. L.P.A., we defend OVI cases with skill, experience, and aggressive legal strategy. Don’t face drunk driving charges alone. 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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