Ohio OVI Defense
Challenging a Breathalyzer Test in Ohio — What Your Attorney Needs to Know
Ohio law enforcement primarily uses the Intoxilyzer 8000 breathalyzer. While prosecutors treat BAC results as definitive, these machines are subject to calibration errors, operator mistakes, and environmental interference. A skilled OVI attorney knows exactly where to look — and what to challenge.
Intoxilyzer 8000
Device Used
0.08% (0.04% CDL, 0.02% under 21)
Legal BAC Limit
Every 7 days or 150 tests
Calibration Requirement
Required by Ohio law
Operator Certification
Time is critical. Ohio's Administrative License Suspension (ALS) challenge window is only 30 days from your arrest date. Contact Rutan Law immediately to protect your driving privileges.
How Rutan Law Defends Your Case
Every OVI case is different. We identify the strongest defenses available and pursue them aggressively from day one.
Calibration and Maintenance Records
We subpoena the complete maintenance history of the specific device used. A single missed calibration can render the result inadmissible.
Operator Certification
The officer who administered the test must hold a current Ohio Department of Health certification. Expired or improper certification invalidates the test.
Mouth Alcohol Contamination
Residual mouth alcohol from burping, belching, or dental work can produce falsely elevated readings. Ohio requires a 20-minute observation period before testing — we verify compliance.
Medical Conditions
GERD, acid reflux, diabetes, and certain diets can produce mouth alcohol or acetone that the Intoxilyzer misreads as ethanol.
Frequently Asked Questions
Answers to the questions we hear most often about this charge.
Ready to Fight Your Charge?
Don't let a faulty breathalyzer result convict you. Call Rutan Law at (614) 307-4343 — 24/7.