Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000
Add Cincinnati to the Jurisdictions Not Relying on the Intoxilyzer 8000
It appears that the ruling from the 12th District Court of Appeals upholding the use of the Intoxilyzer 8000, despite clear language in the Ohio Administrative Code requiring a dry gas control prior to each subject test, has not saved the Intoxilyzer 8000 in nearby Hamilton County. In May, Municipal Court Judge Melissa Powers agreed and ruled the machine must be cleared after each breath test. Her ruling threw OVI prosecutions within Cincinnati into limbo because defense attorneys used it to attack drunk-driving allegations made using that machine. Cincinnati City Prosecutor Charlie Rubenstein was so concerned about the backlog of cases that he ordered police stop using the Intoxilyzer 8000 [see news article HERE]. The issue, which has been raised in counties across Ohio, became even murkier Tuesday. Hamilton County Municipal Court Judge Brad Greenberg ruled in a drunk-driving case that the Intoxilyzer 8000 was reliable in the specific case before him and allowed its results to be used as evidence. What appears likely is that the 12th District case will be appealed to the Ohio Supreme Court. The decision by Judge Powers has been appealed to Ohio’s First District Court of Appeals and the case from Judge Greenberg is still pending. Until this matter is resolved Cincinnati will not use the Intoxilyzer 8000 in DUI arrests, joining Columbus as a jurisdiction no longer using the Intoxilyzer 8000. The problems caused by the hasty and flawed decision to implement the breath test machine continue to reverberate throughout Ohio’s courts.
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- Ohio DUI Law Update: Appellate Court Upholds Intoxilyzer 8000 (daytondui.com)
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- Calibration of the Intoxilyzer 8000, O.A.C. 3701-53-04 (daytondui.com)
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- Enon Mayor’s Court (daytondui.com)
- Miami County Ohio DUI Information (Troy, Piqua & Tipp City) (daytondui.com)
- OVI in the Franklin Municipal Court (Warren County) (daytondui.com)
- Minn. High Court Says Intoxilyzer is Reliable (kstp.com)