Because of a judicial ruing in Franklin County, state officials cannot prove, for the time being only, that a new DUI breath testing machine, intended to be the statewide standard for the quick detection and arrest of drunken drivers, produces accurate and reliable results. The machine in question is called the Intoxilyzer 8000. See the June 4, 2011 article written in the Columbus Dispatch. Even though this Court found this new machine to be unreliable, a number of other municipal courts have reached the opposite conclusion. Ohio's "Administrative Code" has already listed the Intoxilyzer 8000 as one of the few approved breath machines in Ohio for DUI use. Cuyahoga County municipal courts are now just beginning to get their Intoxilyzer 8000 machines delivered. Most legal scholars agree that eventually these rather new machines will be approved by all Ohio courts, either individually or by some eventual Supreme Court of Ohio decision. In the meantime, many local prosecutors will be getting various motions to challenge the reliability of these new machines.
Mr. O'Shea is the City Prosecutor in his home city. His police department just received the Intoxilyzer 8000 a couple of weeks ago. He expects that at least a few lawyers will challenge the machines.
Stay tuned for details.