5 Breathalyzer Issues That May Get You Out of an OVI

 Posted on February 06, 2023 in Criminal Defense

When facing an OVI (operating a vehicle impaired) charge, it is important to know your rights. Individuals with a blood alcohol concentration above the legal limit are considered intoxicated per se. One of the most common methods for determining intoxication is through a breathalyzer test, but these tests are not foolproof. Consequently, a failed breath test does not automatically mean that the driver will be convicted of drunk driving.

Here are five potential issues with a breathalyzer test that could potentially lead to an acquittal, the OVI case being dismissed, or the charges against you dropped.

Breath Testing Devices Have to be Calibrated to Function Correctly

Breathalyzers have to be serviced and calibrated on a regular basis in order to ensure their accuracy. If it is discovered that the device used during your test was not properly calibrated and maintained, this greatly reduces the reliability of the results. This could potentially be grounds for dismissal of the OVI charge.

Inaccurate Test Results Due to User Error

The person conducting the breathalyzer test has to be properly trained and qualified to operate the device. If it is determined that the person administering your test was not properly trained or certified, then this could lead to an inaccurate test result.

Rising Blood Alcohol Defense

The amount of alcohol in your blood continues to rise for some time after drinking, even if you no longer feel the effects. If it is determined that your blood alcohol concentration (BAC) was above the legal limit at the time of testing but below the legal limit when you were driving, this could be used as evidence to defend against the OVI.

Medical Conditions and Diet Can Affect Blood Alcohol Concentration Results

Certain medical conditions and dietary habits can lead to false positives on a breathalyzer test. If it is determined that your test results were affected by underlying health issues or diet, then this could be used to argue against the charges.

Malfunctioning Breath Testing Devices

If there is evidence that the breathalyzer device used during your test was broken, contained improper modifications, or was malfunctioning, then this could potentially provide grounds to get your OVI charge dropped. It is important to have a qualified attorney review any and all evidence in order to determine if a testing device defect or malfunction could be the cause of an inaccurate result.

Contact our Medina County OVI Defense Lawyers

Failing a breathalyzer test or breath alcohol test does not necessarily guarantee a drunk driving conviction. Several different issues with the breath testing device and breath testing procedure can lead to inaccurate results.

If you or a loved one were arrested for drunk driving, contact the The Law Office of Whitney K.S. Miller, LLC for help. Our Medina criminal defense attorneys have over 20 years of collective experience and can help you defend against OVI charges.  Call 330-725-4114 and set up a confidential consultation today. We offer free consultations in most cases.

Source:

https://codes.ohio.gov/ohio-revised-code/section-4511.19