Breathalyzer Test Challenge Lawyer in Pickerington, OH

Drunk driving, officially known as Operating a Vehicle Impaired (OVI) in Ohio, is a criminal offense that can result in penalties, fines, and even a social stigma. Many people who drive after having drinks with dinner are surprised to find that they are over the legal limit.

If you have been charged with OVI, chances are good that breathalyzer test results will be used by prosecutors in your case. These devices can be inaccurate, however, which is one of many reasons to work with a skilled OVI defense attorney. I am a Pickerington breathalyzer challenge lawyer with more than 25 years of experience helping clients discredit test results and challenge OVI charges. When you contact my firm, Andrew H. Stevenson Attorney at Law, I can put that knowledge and experience to work for you.

Which Factors Could Impact The Accuracy Of A Breathalyzer Test?

Breathalyzers are widely used by law enforcement “in the field” for measuring the amount of alcohol in a driver’s system. However, breathalyzers are not fool-proof, and test results may be skewed by a wide range of factors. These are just some of the issues that could result in an inaccurate breathalyzer reading:

• Miscalibration of the machine (and whether the machine has been serviced and calibrated recently enough to be considered accurate)
• Errors made by the officer administering the test
• Whether the driver used mouthwash before taking the test
• The driver burping or vomiting before taking the test, as this can introduce alcohol from the stomach that is not yet in the driver’s bloodstream
• Whether the driver is hypoglycemic at the time of testing
• Any prescription medications the driver is taking that could skew results

Under Ohio Revised Code § 4511.19, a person may be considered legally intoxicated with a blood alcohol content of 0.08 percent. Any of the problems listed above could prove critical in skewing the results to meet that BAC threshold. That is why it is imperative for a person in Pickerington to work with a breathalyzer challenge lawyer who knows how to scrutinize test results.

There Are Numerous Ways To Challenge Breathalyzer Tests

Because breathalyzer test results can be so consequential, law enforcement officers must follow strict protocols. Any errors or deviations can be reasons to discredit the results, which could in turn lead to a reduction in or dismissal of OVI charges. Breathalyzer challenge attorneys must look for problems such as the following:

• The police officer gave only a single breathalyzer test, even though device manufacturers require at least two tests to ensure an evidentiary standard of accuracy
• The officer administering the test has a license that is expired or otherwise invalid
• There is reason to believe that the breath testing instrument was malfunctioning or improperly calibrated based on service and repair records
• The device used in the test was not one of the approved instruments listed in Ohio Administrative Code § 3701-53-03

A good defense lawyer will also assess whether the test results could have been skewed by the previously discussed factors like operator error, the defendant’s unrelated health issues, or testing conditions

Building A Comprehensive OVI Defense Strategy

The results of breathalyzer tests are often a key component in OVI cases in Pickerington, but challenges are just one aspect of a comprehensive OVI defense. As an experienced defense attorney, I will examine all aspects of the incident, from initial traffic stop through arrest to determine if there are weaknesses in the prosecution’s case. I can suggest case-specific defense strategies accordingly.

I will also ensure that you are aware of all your legal options, including going to trial, negotiating a favorable plea deal, participating in a diversion program or agreeing to alternative sentencing. I can then explain the likely outcome and potential consequences of each method of resolution.

Contact My Firm Today To Discuss a Breathalyzer Challenge in Pickerington

Choosing the right Pickerington lawyer to handle your breathalyzer challenge is an important decision. I have more than 25 years of legal experience as a criminal defense attorney, as well as a strong track record of success on behalf of clients. I also take a personalized approach to each case and client.

To learn more about how I can help you challenge or otherwise resolve your OVI charges, contact Andrew H. Stevenson Attorney at Law, to schedule your initial consultation.