The Intoxylizer 8000 is the newest breathalyzer test that made its appearance in 2009 and is now rolling out across Ohio. It is scheduled to hit Franklin County in January. Already, two Ohio counties – Athens and Pickaway – have questioned its reliability in determining a person’s blood alcohol content.
In Athens County Municipal Court, Judge William A. Grim ruled in June 2011 that experts can be put on to challenge the results of the Intoxylizer 8000 on a case-by-case basis. This ruling was a departure from the general rule of the Ohio Supreme Court that once breath-analysis equipment is certified by the Ohio Department of Health, its results are automatically admissible.
In Pickaway County, a Municipal Court judge ruled that test results from the Intoxylizer 8000 were not admissible and will remain inadmissible until the State is able to prove that this test does, in fact, produce reliable results of a person’s blood alcohol content. This decision means that in Pickaway County, law enforcement officials cannot use the Intoxylizer 8000 and must instead use older breathalyzer technology or use blood or urine tests.
What makes courts and attorneys question the reliability of the Intoxylizer 8000? First, the Intoxylizer 8000’s results can vary widely depending on the heat or humidity of its environment. Second, if the person being tested has a slightly elevated temperature, the blood alcohol content can be artificially inflated by approximately seven percent. Additionally, “long tests” – where the test subject blows their entire breath out while being tested – artificially increases the blood alcohol content. These factors, and others, are why so many are challenging the use of the Intoxylizer 8000.
If you are facing DUI/OVI charges, you need an attorney who understands both old and new breath test technology. Attorney Edwards has been representing people accused of DUI/OVI for over twenty years. If you need more information, we urge you to contact us.
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