If you have been charged with DUI or OVI in Ohio and took a test on the new Intoxilyzer 8000, I can help.  The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio.The State of Ohio may be regretting its $6.4 million purchase of Intoxilyzer 8000 breath-testing machines.   Some courts are suppressing test results because of machines going haywire, etc.  Here are some recent court opinions that found the 8000 unreliable:

  • Machines need up to 15+ breath samples to get a result.
  • The machine is not in compliance with the Ohio Dept. of Health (ODH) Regulations that are a threshold requirement before it can be considered for evidence at trial.  The science behind the machine cannot be proven to pass admissibility requirements.
  • The Intoxilyzer 8000 is not accurate and not a reliable piece of equipment for measuring breath for blood alcohol content.
  • The state is unable to obtain the testimony of necessary witnesses from ODH, like the person that calibrated the machine.
  • The state’s expert from ODH did not take a written examination for her certification on the 8000 machine and was given a certification card by ODH’s director.
  • The ODH does not possess the source code and that she does not know the patent number of the equipment.  The source code from the manufacturer would allow third parties to test the reliability of the software program that calculates the blood alcohol content from a breath sample.
  • The ODH’s witness does not know who actually made the decision to purchase the Intoxilyzer 8000, who made up the governor’s committee that originally reviewed the equipment, or what that committee’s recommendation was to the Director of ODH as to the Intoxilyzer 8000.
  • The ODH told the court that the records were maintained on the website, but the court went to the website and reviewed all three 8000 machines considered in this matter and found that at least one of those machines, Sheriff’s Department Serial No. 80-004305 was taken out of service and replaced with Serial No. 80-003989.  There is no discussion of why 80-004305 was taken out of service and replaced and apparently ODH did not remember replacing the unit.
  • The ODH did not, could not, or would not testify as to why it believes the Intoxilyzer 8000 is a reliable machine for testing breath in OVI cases.
  • One judge went so far as to say in his opinion that he has heard no evidence from ODH to lead it to believe that the machine is accurate and reliable. – The judge in this case suppressed the evidence from the Intoxilyzer 8000.
  • A judge in one case wrote a decision critical of the Intoxilyzer 8000 that stated the machine is “capable of producing an inaccurate result.”  In another case, the judge decided the Intoxilyzer 8000 result was not even reliable enough to be admitted as evidence.
Implementing and maintaining the Intoxilyzer 8000s is the responsibility of the Ohio Department of Health’s Bureau of Alcohol and Drug Testing. Before the Intoxilyzer 8000s were purchased, individual police departments maintained breath testing machines and the records for the machines.  Now, ODH maintains the records for all Intoxilyzer 8000s in Ohio.  Like many states, Ohio maintains those records online where, as public records, they can be viewed by anyone at any time.
The Bottom Line:  If you have been charged with DUI or OVI in Ohio and took a test on the new Intoxilyzer 8000, I can help.  I am a criminal defense attorney who is compassionate about your situation and will work hard to achieve the best results for you!  Put my mobile phone number into your phone:                                                (513) 260-2099