View Our Practice Areas

How scientifically accurate are Breathalyzer tests in Ohio?

One of the biggest problems with legally enforcing drinking over the limit and driving is that many people, including scientists, question the accuracy of field Breathalyzer tests. They believe that they can often be faulty because of their flimsy manufacturing, as well as their approximate estimation of blood alcohol concentration (BAC) levels using the breath as evidence.

In Ohio in 1982, the law was changed so that it was illegal to operate a motorized vehicle impaired. This meant that the abbreviations were changed in the state of Ohio, and this is why the crime is abbreviated to OMVI or OVI, rather than DUI in most other states. However, the terms in Ohio are just the same as every other state, and it still means that it is illegal to drive a motorized vehicle with a .08 percent BAC.

What are the problems with Ohio Breathalyzer tests?

The problem that many scientists have with Breathalyzer tests in general is the fact that they draw a connection with the alcohol in a person's breath with the presumed alcohol in their blood. The scientific dependability of this assumption has been disputed; however, the reason why Breathalyzer tests are still used is largely because there is no practical alternative. It is important to try and gain an impression of a person's BAC on the scene, because it would not be possible to have grounds to arrest them otherwise.

If you believe that you have been subject to an inaccurate Breathalyzer test in Ohio, it is important that you take immediate action in order to form a defense.

Source: Ohio Bar, "DUI, DWI, OMVI and OVI: What Do They Mean?," accessed April 06, 2018

No Comments

Leave a comment
Comment Information

Strong legal advocates for residents throughout the Dayton area.

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Office Locations

West Chester Office
9100 West Chester Towne Centre Drive
Suite 210
West Chester, OH 45069

Phone: 937-401-2526
Map & Directions

Dayton Office
40 N. Main Street, Suite 1900
Dayton, OH 45423

Phone: 937-401-2526
Dayton Law Office Map