Breath and Blood Test Lawyer in Cincinnati, Ohio

Cincinnati DUI / OVI Testing: What to Know & How to Fight Back

When you’re pulled over in Cincinnati or elsewhere in Hamilton County, Ohio, officers routinely request one or more OVI/DUI tests. Prosecutors often build their case around these test results, claiming they prove impairment by alcohol or drugs. But tests are only as reliable as the officer’s training, the procedures used, and the equipment’s maintenance. If you believe your charge rests on an inaccurate test, a seasoned Cincinnati DUI lawyer can identify the flaws and fight to exclude bad evidence.

Free case evaluation: (513) 338-1890 or contact us online 24/7.

Types of DUI / OVI Tests in Cincinnati, Ohio

• Roadside field sobriety tests (FSTs)
• Breath tests
• Blood tests
• Urine tests

Each of these has known limitations. From improper instructions on an FST to breathalyzer mouth alcohol contamination or chain-of-custody errors with blood and urine, there are many ways “objective” tests can be wrong. LHA’s defense team examines every step for accuracy and legal compliance—and moves to suppress tainted results.

To schedule a free, initial evaluation, contact Luftman, Heck & Associates at (513) 338-1890 or use our online form.

Roadside Field Sobriety Tests (FSTs)

FSTs gauge coordination, balance, and divided attention. Officers typically use three standardized tests:

Walk-and-Turn

Heel-to-toe steps along a line while counting. “Clues” include stepping off line, using arms for balance, or miscounting. Uneven pavement, poor footwear, nerves, or medical issues can skew results.

One-Leg Stand

Balance on one foot while counting. Age, weight, inner-ear conditions, and surface conditions can cause “failures” unrelated to alcohol or drugs.

Horizontal Gaze Nystagmus (HGN)

Following a stimulus with your eyes while an officer looks for involuntary jerking. Eye/neurological conditions, certain medications, fatigue, and incorrect test timing/distance can all create false positives.

Training & Conditions Matter: FSTs depend on proper instructions, standardized protocols, and suitable conditions (lighting, footwear, weather). If the officer deviates—or your health affects performance—FSTs may be unreliable.

Suspect FST errors? Call (513) 338-1890 for a free review

Chemical BAC / Drug Testing in Cincinnati

With an Ohio driver’s license, you’ve agreed to implied consent testing when lawfully requested. Police may ask for breath, blood, or urine testing—sometimes multiple tests if drugs are suspected.

Breath Tests

Officers may use a roadside handheld device (a preliminary test) to guide arrest decisions—but it’s typically not admissible. An evidential breath test at the station uses approved instruments to measure alcohol in deep-lung air. Results at or above .08 may support an “OVI per se.” A “high-test” (≥.17) increases penalties.

Defenses: instrument calibration and maintenance logs; 20-minute observation period; burping, reflux/GERD, or vomiting (mouth alcohol); improper operator certification; environmental contaminants; insufficient sample volume.

Blood & Urine Tests

Common when drugs are suspected or after breath test refusals. Officers generally need a warrant if you do not consent. Timing, storage, and lab protocols are critical.

• Collection typically within three hours of the alleged offense
• Proper collection kit and preservatives; correct labeling
• Qualified lab personnel; validated methods; documented chain of custody
• Confirmatory testing when initial results are positive

Defenses: late collection; broken seals; temperature/storage errors; calibration and reagent issues; metabolite-only positives; chain-of-custody gaps; paperwork inconsistencies.

Read Marijuana OVI Testing in Ohio

Required Advice & Warnings (BMV Form 2255) & ALS

When chemical testing is requested, officers must advise you of your rights and obligations—usually via BMV Form 2255—confirming you’re under arrest and testing is required within set time limits. Refusals can trigger an immediate Administrative License Suspension (ALS), separate from the criminal case. You also have the right to seek an independent test at your own expense.

Learn More about Hamilton County DUI Checkpoints

Can You Refuse an OVI Test?

Officers need reasonable grounds to request chemical testing. While refusal is your choice, it typically results in an ALS and may enhance penalties if you are later convicted. In many situations, it’s better to comply and challenge the legality, procedures, or accuracy later through a targeted OVI defense. Our team can contest the stop, arrest, and test reliability, and file to appeal/modify the ALS as appropriate.

Hamilton County OVI Yesting Procedure

After an OVI arrest by Cincinnati Police, the Sheriff, or a nearby municipality, cases usually proceed through the Hamilton County Municipal Court and, in some instances, the Court of Common Pleas. We move quickly to secure videos (body/dash cam), instrument logs, operator certifications, and lab records—time-sensitive evidence that often determines whether test results stand or fall.

Read OVI Arraignment in Cincinnati: What to Expect

FAQs: DUI / OVI Testing in Cincinnati

Do I have to perform roadside field sobriety tests?

No. FSTs are voluntary, and you won’t receive an ALS just for declining them. However, refusal may not prevent an arrest. If you did the tests, we scrutinize instructions, conditions, and video to challenge “clues.”

Are portable (roadside) breath tests admissible in court?

Generally, the handheld preliminary results are not admissible to prove a per se violation; they mainly inform the officer’s arrest decision. Station breath tests on approved instruments are the ones typically used in court, and we challenge them when protocols weren’t followed.

Can medical issues like GERD, diabetes, or dental work affect a breath test?

Yes. Acid reflux can introduce mouth alcohol; ketosis can elevate acetone; dental work can trap alcohol. Strict observation periods and procedural safeguards exist for these reasons. We use medical records and expert analysis to contest suspect results.

What if I burped or vomited before the breath test?

Mouth alcohol can inflate results. Officers should observe you for a set period and restart the observation if contamination occurs. Failure to do so can undermine the test’s reliability.

How fast do police need to collect blood or urine?

Ohio law sets tight timelines—often within three hours of the alleged offense. Late collection, poor storage, or chain-of-custody errors can make results unreliable. We obtain lab and transport records to verify compliance.

Can I get my own independent test?

Yes. You may obtain an independent chemical test at your own expense. If police impeded that right, it can affect admissibility and case strategy.

What happens to my license if I refuse the chemical test?

A refusal usually triggers an Administrative License Suspension right away, separate from any criminal penalties. We can pursue an ALS appeal or request limited privileges as early as possible.

Are urine tests reliable for marijuana or prescription drugs?

Urine often detects metabolites, not active impairment. Without clear evidence tying metabolites to impaired driving at the time, results can be misleading. We challenge interpretation, cutoff levels, and timing.

How do you challenge an evidential breath test in Cincinnati?

We request maintenance and calibration logs, operator certifications, observation records, and instrument diagnostics. Any deviation from protocol can justify suppression or raise doubt at trial.

Can testing errors lead to case dismissal?

Yes. If the stop, arrest, or testing violated law—or if the results are unreliable—the court may exclude key evidence, which can lead to dismissals, reductions, or favorable plea negotiations.

Our Cincinnati DUI Lawyers Can Help with Breath & Blood Testing

OVI testing is complex—but winnable with the right approach. In Cincinnati, attorney Brad Groene and the LHA team review every second of video, every page of logs, and every lab record to protect your rights and future. Don’t go it alone.

Get the justice you deserve. Call (513) 338-1890 or contact us online for a free, confidential consultation.