The Ohio Supreme Court has ruled that crucial scientific data pertaining to Intoxylizer 8000 machines (which are very similar to Intoxylizer 9000 machines currently used in Colorado) must be made available to defendants charged with DUI based on breath test results on these machines.
Many aspects of the reliability of Intoxylizers have been raised by the legal community in recent years. This particular Ohio ruling deals with the inability of the Intoxylizer to discern mouth or regurgitated alcohol and lung alcohol, which is indicative of the level of alcohol actually in the bloodstream. Colorado attorneys have thus far been unable to obtain full disclosure of the same information on the Intoxylizer 9000 as that sought in the Ohio case. As the below-referenced story mentions, this issue is about the fairness of the process and not circumventing the law or justice. When disclosure is incomplete, the evidence is incomplete and the process is unjust.
The Ohio television news story may be viewed at http://www.10tv.com/content/stories/2014/10/01/columbus-ohio-ohio-supreme-court-ruling-could-change-state-breathalyzer-test-laws.html.
DUI is a complex offense with a myriad of legal aspects and ramifications. Experienced legal counsel is essential in providing persons charged with this type of offense a clear understanding of their rights and options in dealing with all aspects of DUI.
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