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Breath Tests Smart Strategy. Fearless Defense.

Cleveland Breath Test Attorney

Defending Cleveland Residents in DUI Breath Test Cases

In Ohio, it is incredibly difficult to challenge the reliability of a breath-testing device because of a quirky law that is unique to our state.

Fortunately, experienced DUI attorneys have made great headway in being able to reveal these machines for what they are: unreliable.

Breath-testing machines are great at measuring the amount of alcohol in a closed test tube; but, they are not nearly as good at measuring the same in our lungs.

There are several reasons for this. First, everyone’s body is different. Dr. Al Staubus, a professor from Ohio State University, testified that some studies show that breath testing can vary up to 0.03%.

This means that if you are really at a 0.05% BAC (blood alcohol content), your test could print out at 0.08%! Our work has shown cases where the results are even more absurd.

If you are facing charges for refusing a breath test or if you failed a breath test, contact our teamnow at (440) 771-1175to speak with a Cleveland breath test lawyer.

Ohio Breath Test Laws & Your Rights

When a police officer pulls someone over and suspects OVI, the officer will often ask the driver to submit to a breath test. This device measures a person’s blood alcohol concentration (BAC). In Ohio, if your BAC is .08 or higher, it’s illegal to operate a motor vehicle.

However, you have rights when it comes to breath tests. An officer must follow strict procedures when administering any form of chemical test. If the officer fails to follow those procedures, the breath test results may be challenged and suppressed in court, which can significantly affect the outcome of your case.

How Breath Tests Work in Ohio

Breath tests are designed to estimate the amount of alcohol in your bloodstream by measuring the alcohol in your breath. These tests are often given at the scene of the stop or at a police station using a portable or stationary breathalyzer machine.

These machines are calibrated and maintained according to specific deadlines and procedures in order to produce accurate results. Any deviation from those requirements by law enforcement can be the basis for challenging the test results.

We Refuse to Lose Your Case Deserves a Customized Defense Strategy

We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.

No Case is Hopeless

We Don't Back Down. Ever.

Explore some of our recent wins.

  • Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)

    Our client was accused of driving while under the influence of drugs, or alcohol.

  • Not Guilty At Trial ROCKY RIVER V. D.F.

    Client was charged with domestic violence against his wife.

  • Plea and Record Expunged STATE V. BAILEY, CUYAHOGA

    Client was accused of stealing tens of thousands of dollars worth of property.

  • Charges Dismissed State v. Beckwith, Cuyahoga County

    Student charged with the manufacturing of ecstasy.

  • Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN

    Local counsel pushed for a plea to one of the sex related charges.

  • Acquittal State v. Tevin Biles

    Client was identified as one of the alleged shooters at a New Year’s Eve party.

Challenging Breath Test Results

Challenging a breath test result is one of the most common and effective defense strategies in DUI cases. Common issues that may be reviewed include:

  • Improper calibration of the breath test machine
  • Failure to document maintenance and calibration logs
  • Failure of the officer to follow proper testing procedures
  • Medical conditions that can affect breath test accuracy

These issues, if proven, can lead to the breath test results being thrown out or given less weight in court. A skilled Ohio DUI attorney can carefully examine breath test procedures, police reports, and calibration records to identify potential challenges.

Refusal of Breath Test in Ohio

In Ohio, you have the right to refuse a breath test. However, refusing comes with consequences. Under Ohio’s implied consent law, refusing a breath test can result in an automatic license suspension from the Ohio Bureau of Motor Vehicles (BMV). In some cases, refusal can also be used against you in court.

That said, there may be valid legal defenses even if you refuse the test. For example, law enforcement must still establish that they had reasonable grounds to believe you were operating a vehicle under the influence before requesting a chemical test.

Know the Difference: Portable vs. Stationary Breath Tests

Portable breath tests (PBTs) are often used on the side of the road and are generally considered less accurate than stationary breath test machines found at police stations. In many cases, PBT results are not admissible as evidence in court. Stationary breath tests, on the other hand, require stricter calibration and record‑keeping.

Why You Need an Attorney for Breath Test Challenges

Breath test laws are technical and complex. Successfully challenging a breath test result in court requires not only a thorough understanding of the legal standards, but also the ability to review scientific data, calibration records, and police procedures. For that reason, an experienced DUI defense lawyer in Ohio should examine every breath test situation to determine if the rights of the driver were violated or if proper procedure was followed.

Contact Our Ohio DUI Breath Test Lawyers

If you’ve been charged with OVI and a breath test was part of your case, contact an experienced DUI attorney at Patituce & Associates, LLC to protect your rights and defend your case. Call (440) 771-1175 to schedule a consultation with our Cleveland DUI defense lawyers today.

  • We Know the Legal System

    Our criminal defense attorneys understand the legal system and local courts, helping you navigate your case efficiently and avoid costly mistakes.

  • We Give You Peace of Mind

    Being charged with a crime is overwhelming. With our team on your side, you can focus on your life while an experienced professional handles your defense.

  • We Fight For Your Rights

    Police and prosecutors sometimes push the limits of the law. We work to protect your rights and prevent unconstitutional evidence from being used against you.

  • We Build A Strategic Defense

    Fighting criminal charges requires a strong strategy. Our experienced team builds a defense tailored to the specific facts of your case.

  • We Work to Mitigate Consequences

    One of the main benefits of hiring our Ohio criminal defense attorneys is our ability to help reduce the potential consequences of a conviction.

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