Breathalyzer Tests Used in Ohio

What Types Exist and Why the Category Matters

Most drivers assume Ohio uses a single type of breathalyzer.

That is not how it works.

Ohio authorizes multiple breath-testing devices, and they fall into distinct categories. Some results can be used directly in court. Others cannot. Some are used only for investigation. Others are used for monitoring after a case has already started.

Understanding those categories matters in any Ohio OVI case, even before you get into the details of a specific machine.

Approved evidential breath machines

Admissible in court if rules are followed

Ohio allows only certain machines to produce evidential breath test results, meaning the state can attempt to use the number against you at trial. These machines are approved by the Ohio Department of Health under Ohio Administrative Code 3701-53.

The most common approved evidential machines include:

• BAC DataMaster. Including variations such as the BAC DataMaster K and CDM models.

• Intoxilyzer 8000. A modern infrared-based machine used statewide and frequently seen in Ohio OVI prosecutions.

• Intoxilyzer 5000 Series. Older but still approved models, including Models 66, 68, and 68 EN.

Approval alone does not guarantee accuracy in a specific case. Each of these machines has different operational requirements, maintenance rules, and potential points of failure. Those details are often where legal challenges arise, which is why each device deserves its own discussion.

Portable breath testers

Used for investigation, not proof

Ohio law treats Portable Breath Testers (PBTs) differently.

These handheld devices are used by officers at the roadside to help establish probable cause. They are screening tools, not evidential machines.

As a general rule, PBT results are not admissible in Ohio courts to prove an OVI charge. Their role is limited, but confusion about what they can and cannot be used for is common.

SCRAM remote breath testing

Monitoring, not roadside enforcement

SCRAM Remote Breath devices serve a completely different purpose.

They are used for alcohol monitoring, often as a condition of bond, probation, or court supervision. These systems can require scheduled tests, random tests, or remote confirmations throughout the day.

SCRAM testing is not used to establish probable cause at the scene and is not a traditional breathalyzer in the OVI enforcement sense. Its legal issues tend to focus on compliance, reliability, and enforcement conditions rather than roadside procedure.

Why this distinction matters

Lumping all breath tests together leads to bad assumptions.

The type of device used affects:

• Whether the result can be admitted in court

• What rules the state must follow

• What records must exist

• What defenses may be available

This is why effective Ohio OVI defense starts by identifying which category of test was used, not just whether a breath test occurred.

The takeaway

Ohio uses multiple types of breath-testing devices, each with a different legal role.

Some machines are approved to produce court-admissible evidence. Others are investigative tools. Others are used only for monitoring. Understanding that framework is the first step in evaluating a breath test issue in an OVI case.