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Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process  > Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000

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.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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