Intoxilyzer 8000 breath tests questioned in Ohio

April 19, 2013

Four years after their introduction, doubts have surfaced about the reliability of the Intoxilyzer 8000, a machine that is used to test the blood alcohol level of those accused of operating a vehicle under the influence (OVI). These doubts have led to questions of whether such machines should be able to be challenged in court.

Intoxilyzer controversy

In 2008, the Ohio Department of Health used federal grants to purchase 700 Intoxilyzer 8000 machines at a total cost of $6.4 million. The reason that the machines were purchased was to make alcohol breath tests uniform across the various Ohio counties. Before this time, each county used a different machine to test OVI suspects.

The approval of the machine was shrouded in some controversy, as at the time of purchase, it was under scrutiny in other states because of questions of accuracy. Soon after the machines were instituted, Ohio judges in municipal courts--courts that hear OVI cases--began to vocalize several issues with the machine.

For example, a judge in Athens County said in a 2011 opinion that the machine was vulnerable to interference from smart phones. Additionally, the judge noted that if a large volume of breath is blown into the machine, it could register an artificially high blood alcohol value.

Additionally, experts say that the police can manipulate the machine. Under Ohio law, police must take two breath samples within two to 10 minutes of each other when using the Intoxilyzer 8000. To be considered valid, each sample must register a blood alcohol level of within .02. However, the machine allows the officer to force the suspect to blow into it just long enough to keep the second sample within the .02 range. The longer the suspect blows into the machine, the higher the reading is.

These complaints have been echoed in other jurisdictions such as Florida and Arizona, leading to legal challenges of the machine's use in OVI prosecutions.

Possible legal challenges to follow

Although widely criticized, the Intoxilyzer 8000 is still being used in many Ohio counties, largely due to a 1984 Ohio Supreme Court ruling. In the ruling, Ohio v. Vega, the court ruled that once an alcohol-testing machine has been approved by the Ohio Department of Health, its reliability is presumed. This limits the ability of OVI suspects to challenge the machine's accuracy in court.

Despite the earlier court decision, some individuals across the state have persuaded many judges to dismiss OVI charges based on the machine's result. In addition, many Ohio judges have expressed disagreement about whether Vega would prohibit legal challenges to the machine, given the problems surrounding the machine in Ohio and other jurisdictions. This possibly signals that the Ohio Supreme Court will eventually decide this issue in the future.

Consult a criminal defense attorney

If you have been arrested on suspicion of drunk driving, you face the possibility of losing a significant amount of your freedoms. An experienced Ohio OVI defense attorney can analyze the case against you for any weaknesses and ensure that your rights are protected.

Article provided by Heckert & Associates Co., LPA
Visit us at www.heckertlaw.com