19 July

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Reviewed & Experienced DUI Attorney

Defense of an Ohio DUI or alcohol-related charge can be challenging. The main witnesses against you are the police. There is scientific evidence from the breath test, blood test or urine test that is presented against you. Ohio has set strict limits on the ways the chemical tests can be attacked. Your attorney will need to be familiar with the defenses and be skilled enough to present those to a judge or jury. Often, a video tape of the arrest will be bolstered by the police officer's testimony. Your performance on the standardized field sobriety tests may be damaging to...

12 August

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Intoxilyzer 8000 Biased Against Americans

Posted by Dayton DUI

in DUI Process

The Intoxilyzer 8000 is used in Europe under the brand name Lion. On their website [HERE] they describe the process of breath alcohol physiology. There is one glaring difference however. They use a 2300:1 ratio instead of a 2100:1 ratio. So? Example: If you blew a into the Lion (Intoxilyzer) 8000 with of 2300: 1 partition ratio, and the machine reported BrAC results of .070 then you blew into the machine with a 2100: 1 partition ratio you would be .080 or higher. (thanks to DUIstopped.us for this example). If this is true, it means that machines in the US are more biased...

30 June

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The Ohio OVI Breath Test – How To Fight And Win

Posted by Dayton DUI

in DUI Process

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI. This is not the case. Watch the Video. Ohio employs a device called the Intoxilyzer 8000. This device has many problems in its operation. In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE]. Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned...

16 June

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Problems With The Intoxilyzer 8000: You Blew Too Much!

Posted by Dayton DUI

in DUI Process

The Intoxilyzer 8000 measures how much breath you provide by something called a 'pressure transducer.' Instead of directly measuring the volume of your breath by a pressure switch, like the old Intoxilyzer 5000 did, the 8000 indirectly measures breath. Did you blow during an arrest? Watch this video. Not only is it needlessly complicated, it simply doesn't work! The flow sensor systems in Florida's Intoxilyzer 8000's are so unreliable that FDLE ordered that police STOP KEEPING RECORDS of the system in monthly checks. In 2011, a system-wide check showed that 40% of the machines in Florida couldn't accurately measure breath volume!...

27 March

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Intoxilyzer 8000: The More You Blow

Posted by Dayton DUI

in DUI Process

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases. One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle. The average adult can exhale between three and four liters of air. If you are unlucky enough to be tested on this machine, the police...

05 December

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Court’s Find A Way To Protect Intoxilyzer 8000

Posted by Dayton DUI

in DUI Law, DUI Process

Ohio Courts are slowly fixing the Intoxilyzer 8000 implementation issues and (surprise!) they are not resolving the issues in favor of the accused.In State v. McMahon, 2013-Ohio-2557, the implementation of the Intoxilyzer 8000 was challenged due to confusion in the Ohio Administrative Code sections dealing with "operators." It was alleged that the Ohio Department of Health failed to establish qualifications for issuing permits for Intoxilyzer 8000 operators as required by R.C. 4511.19 and 3701.143. The court ruled that R.C. 3701.143 authorizes the director of health to issue permits to breath-alcohol machine operators, and we found the ODH’s position that an...

22 August

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Intoxilyzer 8000 Is Unreliable Judge Finds

Posted by Dayton DUI

in DUI Law, DUI Process

A judge recently ruled the Intoxilyzer 8000 (Ohio's newest breath testing machine) unreliable. In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases. Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School. She is well known and highly respected by her colleagues throughout the state. See HERE.The cases addressed the court's gatekeeper function as it relates to the...

11 July

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OVI Case Law Update: State v. McMahon

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress. The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine. Pursuant to R.C. 3701.143, the director...

10 April

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Approved Breath Testing Instruments: O.A.C. 3701-53-02

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio. It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C. 3701-53-02(B) lists the approved...

22 February

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Intoxilyzer 8000 Upheld in Ohio’s 11th and 12th Appellate Courts

Posted by Dayton DUI

in DUI Process

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect. What is more, your attorney cannot challenge scientifically provable flaws in the machine or the weakness in the science supporting the machine. Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine. This author has made it a long-standing goal to fight this case and has done so...

Intoxilyzer 8000 Tag

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