Last week the Ohio Supreme Court made a major ruling that could seriously impact the way an individual's BAC is tested on the road. The Court ruled that any defendant may ask to review data collected by the Intoxilyzer 8000, which state health officials claim they do not have the resources to collect or provide. If they do not, the hundreds of breath machines the state purchased may no longer be approved for BAC testing on the road.
Attorney Jon Saia was interviewed by NBC 4 regarding his opinion on the matter in their story " Ohio Supreme Court Rules Breath-Test Results May Be Challenged". Attorney Saia told the network, "It's a huge ruling. It's a big win for the defense bar. It's a setback for the state of Ohio, for the Ohio Department of Health and for all prosecutors, in the state, trying to prosecute DUI Cases."
With this latest ruling, Attorney Saia and DUI defense attorneys across the state will have much stronger grounds on which to challenge breath test results and possibly other tests as well.
"This case today really allows us to challenge breath tests of all machines," Attorney Saia explained. "Even though this case involved the Intoxilyzer 8000, the language that the court used doesn't refer to just this machine. It talks about breath testing instruments, breath analyzing and things like that."
Law enforcement still has many other means to test a person's BAC, such as blood testing, urine testing, and other types of breath-testing machines. However, with the recent ruling, legal professionals believe they could be able to challenge the results of similar tests in the future, especially other breath tests. "It leaves the door open to challenge all breath testing, on any type of machine, in Ohio from this point forward," Attorney Saia said.
This ruling could turn out to be a huge blow for the state of Ohio, both legally and financially, as they purchased more than 700 machines in 2008 using $6.4 million of federal grant money.
As our firm has always asserted, there is no certainty that the results of breathalyzer tests are accurate. If you are charged with DUI or OVI in Ohio, don't wait to speak with The Law Offices of Saia & Piatt, Inc. Our experienced attorneys can evaluate the charges and evidence brought against you to determine your defense options. Call today to request afree consultation with our proven defense team!