View Our Practice Areas

Why did I get an OVI charge when I did not drink?

In the state of Ohio, a person can be charged with operating a vehicle under the influence (OVI) if they measure a blood alcohol concentration (BAC) of .08 percent or above. The BAC is usually measured when a person is pulled over on the side of the road by law enforcement officials and asked to perform a Breathalyzer test.

While the majority of Breathalyzer tests give an accurate representation of whether a person is over the legal limit and whether they are fit to safely drive a vehicle, there can be times when the BAC is misrepresented because of other factors. If you strongly believe that you were not under the influence of alcohol when you got charged with an OVI in the state of Ohio, you may want to consider taking action to appeal your charge.

What factors can influence a Breathalyzer test?

Firstly, many factors can influence how your BAC is affected after drinking alcohol. This will include your weight, gender, how hydrated you are, the amount of time it has been since your last drink and whether you have eaten. However, none of these factors can defend you from an OVI charge if you have consumed alcohol.

However, if you have consumed minimal alcohol and suffer from diabetes or another illness, your condition may have caused the test to produce a false-positive result. This can also be the case if you have recently visited the dentist or used an alcohol-based mouthwash.

If you were charged with an OVI even though you had not been drinking, it is important to consider why the false-positive result occurred.

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