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Being arrested for OVI (Operating a Vehicle Impaired) in Columbus can be overwhelming, especially when the charge is based on the results of a failed field sobriety test, breathalyzer, or chemical analysis. These DUI tests are used by law enforcement to determine when a driver is impaired by alcohol, drugs, or even prescription medication. But despite how scientific they seem, OVI tests are not foolproof. They rely heavily on proper procedure, accurate equipment, and subjective judgment — all of which can be challenged.
At Luftman, Heck & Associates, our Columbus DUI defense attorneys have extensive experience contesting breath, blood, and field sobriety tests. We understand how DUI tests work, where they fail, and how to expose weaknesses. If you’ve been charged with OVI after a DUI test indicated impairment, don’t assume a conviction is inevitable.
Call LHA today at (614) 500-3836 for a free DUI case evaluation.
How Alcohol Affects Impairment & DUI Testing in Columbus, OH
When you consume alcohol, roughly 20% is absorbed through the stomach lining, while the remaining 80% is absorbed through the small intestine into your bloodstream. The rate at which alcohol enters your system — and how intoxicated you appear — depends on several personal factors, including gender, body weight, how quickly you drink, and whether you’ve eaten. For instance, drinking on an empty stomach causes alcohol to be absorbed more rapidly, often leading to quicker signs of impairment.
Once alcohol is in your bloodstream, it circulates throughout your body, eventually affecting the brain. This disruption impacts your coordination, speech, judgment, motor skills, and emotional regulation — all of which are key areas evaluated in DUI testing protocols.
In Ohio, these tests are used by police to estimate the level of alcohol in your system and determine whether you’re over the legal limit. However, test results can be influenced by more than just alcohol — and that’s where an experienced DUI lawyer can make the difference in your defense.
The Types of DUI Tests in Ohio
When you’re pulled over for suspected OVI in Ohio, law enforcement may use a combination of DUI tests to evaluate whether you’re impaired. These tests are used to establish probable cause, estimate blood alcohol content (BAC), and build the case against you. But not all tests are equally reliable — and each comes with its own legal and scientific challenges.
- Field Sobriety Tests: These roadside coordination exercises — including the Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus (HGN) — are used to assess physical and cognitive impairment. While standardized by the National Highway Traffic Safety Administration (NHTSA), they remain highly subjective and are often influenced by factors unrelated to alcohol.
- Breathalyzer Tests: Ohio law enforcement uses portable breath tests (PBTs) at the roadside and stationary devices like the Intoxilyzer 8000 at the station to measure BAC. These tests are frequently used in court, but their accuracy can be affected by device maintenance, user error, and even medical conditions.
- Blood and Urine Tests: If officers suspect drug impairment or if you refuse a breath test, they may request a blood or urine sample. These tests must follow strict protocols set by the Ohio Department of Health — but lab errors, improper handling, and constitutional issues can all be grounds for challenging the results.
How Accurate Are DUI Tests in Ohio?
No DUI or OVI test is completely accurate, and that’s a critical fact many people don’t realize until after they’ve been charged. Whether it’s a breathalyzer, blood test, urine analysis, or field sobriety test, each has limitations that can affect the results.
Factors That Can Skew DUI Test Results
Even when testing equipment is approved by the Ohio Department of Health, results can be compromised by:
- Improper calibration or maintenance of breathalyzer machines
- Operator error during test administration
- Contaminated or mishandled blood or urine samples
- Delays in testing outside the 3-hour legal window
- Medical conditions (e.g., acid reflux, diabetes) that affect breath test results
- Environmental factors or fatigue that impact performance on field sobriety tests
Field sobriety tests are highly subjective. Conditions like anxiety, poor weather, uneven surfaces, or even a head cold can cause someone to “fail” a test, even if they’re sober. These are important facts your defense attorney can raise to challenge the validity of the arrest.
Can I Refuse a Breathalyzer Test?
When you refuse to give a breath, blood, or urine sample, there are legal penalties under Ohio law. Learn and better understand why and what could happen to you if you decline to agree to a test.
Implied Consent & DUI Test Refusal
In Ohio, when you get a driver’s license, you are considered to be giving your consent to submit to BAC testing when you’re suspected of driving under the influence. Ohio Revised Code 4511.191 requires you to submit to breath, blood, or urine testing upon the request of police when you’re arrested for OVI / DUI when the officer has reasonable grounds to believe that you are impaired by alcohol or drugs.
When you refuse to give a breath, blood, or urine sample, there are legal penalties under Ohio law, including an administrative license suspension. The statutory penalties for refusing to submit to a breath, blood, or urine test are:
- First refusal — One-year license suspension
- Second refusal — Two-year license suspension
- Third refusal — Three-year license suspension
- Subsequent refusals — Five-year license suspension
Related Reading: Columbus, OH DUI Testing
- To Blow or Not to Blow – Debunking Myths in DUI Testing
- Columbus DUI Breath Tests are Seminar Topic
- Where are the Columbus DUI Checkpoints Tonight? Know Your Rights
- DUI Checkpoints in Ohio & 5 Tips if You’re Stopped
- The Essential Guide for First-Time DUI Offenders in Columbus, OH
- 5 Ways Lawyers Get OVI Tests Thrown Out
- The Problem with Columbus’ New Mobile DUI Breathalyzer Vehicle
- Ohio OVI Law: How Prescription Meds Affect Sobriety Tests?
- Why DUI Breathalyzers Can’t Be Trusted
- Reliability of BAC Tests: BAC Urine Test / Urinalysis
- Reliability of BAC Tests: BAC Blood Test
- Reliability of BAC Tests: BAC Breath Test / Breathalyzer
- More Ohio Drivers Refusing OVI Tests
Why You Need a Columbus DUI Attorney Who Understands OVI Testing
If your OVI charge in Columbus is based on flawed or improperly administered test results, you don’t have to accept them as fact. At Luftman, Heck & Associates, our DUI defense attorneys are trained to identify weaknesses in the prosecution’s evidence — including errors in how breath, blood, and field tests were conducted. We dig into:
- How the test was administered
- Who performed the test and whether they were certified
- Whether proper protocol was followed
- How the results were recorded, stored, and interpreted
- Past challenges involving specific devices like the Intoxilyzer 8000
Attorney Benjamin Luftman is a nationally recognized DUI defense attorney who frequently speaks at Certified Driver Intervention Programs across Central Ohio, educating drivers on DUI testing procedures, breathalyzer accuracy, and what to do during a traffic stop. He has completed the same standardized field sobriety test (SFST) training as law enforcement, certified by the National Highway Traffic Safety Administration (NHTSA). Mr. Luftman has contributed to two nationally published legal books on DUI defense strategy and has been a featured guest on “Auto Smarts 4 U” radio.
At LHA, we’ve helped countless clients fight back against questionable test results and secure reduced or dismissed charges. Let us put that experience to work for you.
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Charged with an OVI After Failing a DUI Test? Call LHA to Challenge the Results
If you’ve been charged with OVI in Columbus based on the results of a breath, blood, urine, or field sobriety test, it’s important to know that these tests are not infallible. From procedural errors to equipment malfunctions, there may be significant issues that could weaken the case against you.
At Luftman, Heck & Associates, we know how to challenge flawed DUI testing and protect your rights. Our Columbus DUI attorneys will review the evidence, question the testing methods used, and fight to reduce or dismiss the charges whenever possible. Call LHA today at (614) 500-3836 for a free DUI case evaluation.