If you’re facing OVI charges, the most powerful piece of evidence against you is usually the results of a blood alcohol content test. While these tests are regarded as fairly accurate, there are many reasons why they may produce inaccurate or unreliable results. Breathalyzer tests, in particular, can be influenced by a variety of outside factors including health conditions, and the way the test was administered. This makes challenging breathalyzer results an effective OVI defense strategy for many cases.
1) You Have an Underlying Medical Condition
There are a number of medical conditions which can cause incorrect readings, or at least bring the results of the test into question. One common example is acid reflux, in which the “reflux” of alcohol in the stomach can throw off the test.
Additionally, recent exposure to chemicals such as lacquer, paint, or gasoline can often impact the test results. Some diets have been known to increase the levels of acetone in your body, which can also mimic alcohol on a breathalyzer test.
2) The Test Was Not Administered Properly
If the test isn’t administered properly by the police officer, the results of the test can be challenged in court. There is a very specific process that the officer must go through when administering the test, and failure to follow this process can invalidate the results.
3) The Device Was Faulty
In order to challenge the accuracy of the breathalyzer results, your lawyer may not have to prove that the device itself was faulty. Breathalyzers must be regularly maintained and calibrated to ensure proper readings, so if a device was not properly calibrated, the results are questionable. Your attorney can often look at the maintenance and calibration records for the specific device used in your case.
Arrested for OVI? Call (330) 809-1062 Today.
If you’re facing any type of OVI or DUI charges, it’s important to retain skilled legal representation as quickly as possible. When you choose to hire Attorney Adam VanHo, our experienced Akron OVI will tirelessly defend your rights and freedom. Attorney VanHo has extensive experience with OVI law, and understands the numerous ways a breathalyzer test could be wrong.
Don’t plead guilty to OVI! Call (330) 809-1062 for a free case evaluation.