A Number Is Not a Conviction
It is easy to assume that a breath or blood result at or above the legal limit means the case is over. It is not. Chemical testing in Ohio is governed by strict rules, and those rules are broken more often than most people realize.
When testing requirements are not met, the results may be unreliable — and potentially excluded from your case entirely. Without the number, the State's case is often far weaker than it first appears.
Challenging the Accuracy of BAC Test Results
Breath machines must be calibrated, maintained, and operated under specific Ohio Department of Health regulations. Blood and urine samples must be collected, stored, and analyzed following strict protocols and chains of custody. A deviation at any step can undermine the result.
The firm obtains and reviews the maintenance and calibration records, the operator's certification, and the testing procedure itself. Where the State cannot show the test was done right, the result can be challenged — and sometimes suppressed.
- Machine calibration and maintenance records
- Operator certification and testing procedure
- Sample collection, storage, and chain of custody
- The 20-minute observation period before a breath test
- Medical conditions and substances that can affect readings
Why Early Review Matters
Testing and maintenance records are time-sensitive, and some evidence degrades or disappears if it is not preserved quickly. The sooner the firm is involved, the more of the State's case there is to examine — and the more leverage you have.
Even where the result holds up, identifying weaknesses often creates room to negotiate a reduction to a lesser charge such as reckless operation.