Portable Breath Test Machine Under Attack in Ohio

A court in Ohio recently ruled that the results from an Intoxilyzer 8000, a portable breath test machine used by officers on suspects in the field, are not reliable and the results can not be used as evidence in that case. Illinois does not use this particular machine, but this ruling is important in the challenge against the reliability of those machines used in our state.

The Columbus Dispatch reported on the recent case, citing the judge's remark that the results from the machines are "'not scientifically reliable and the court, as a gatekeeper against unscientific evidence, must prohibit them from being introduced as evidence in this case.'"

This is an important win for defendants in DUI cases. Without the results of the breath test from the portable machines, the prosecution often loses one of its most hurtful pieces of evidence in its case against the defendant, and many times this can result in the defendant winning his case.

This case was in Ohio, but its impact will likely be felt in other states, including Illinois, even though that specific machine is not used in Illinois. Here at the Toney Law Firm, we fight tirelessly to help our clients and are constantly researching the law and keeping up to date on rulings in other states. Like the attorneys in Ohio, we will challenge all evidence brought against a defendant.

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