Breathalyzers over the years have been the determining factor in DUI cases in Ohio. Even thought they are treated as the best solid evidence, they are often defective and fallacious. Breathalyzer evidence of guilt continues to be admitted as conclusive. For over 30 years, in Ohio, the Breathalyzer results could not be challenged as legislature approved the use thus criminal defense attorneys in Ohio could not cross examine or bring evidence of its discrepancies. This has now all changed!
Last week, the Ohio Supreme Court ruled that drunken-driving defendants are allowed to challenge the accuracy of their tests by obtaining data from prior results generated by the alcohol tester into which they blew. DUI/OVI/DWI suspects got a win. It was ruled unanimously that a court could exclude this type of test evidence if prosecutors failed to provide the defendant with data on the functionality and reliability of the device used in their case.
The Bottom Line: I always say not to take any testing if you are pulled over. But, if you do, know that now there are various ways the results can be challenged and to get the data needed will require subpoenas. With the help of an Ohio Criminal Defense Attorney, the Breathalyzer, or whatever device is used, the prosecution may have to prove intoxication without any such evidence. Put my number in your phone: 513-260-2099