Intoxilyzer 8000 Problems - Suhre Law Akron

Written by admin on March 22, 2012 in DUI Defenses, Uncategorized

Charged with DUI or OVI in Akron, Ohio?  Did you take a test on the new Intoxilyzer 8000?  We 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.

OVI and DUI lawyers across Ohio are winning cases against the Intoxilyzer 8000 for the following reasons:

•              It can take as many as 20 tries to get a valid result.

•              The Intoxilyzer 8000 is not in compliance with the Ohio Dept. of Health (ODH) Regulations.

•              The state is unable to prove the Intoxilyzer 8000 is a reliable machine.

•              The state is unable to obtain the testimony of necessary witnesses from ODH, like the person that calibrated the machine or placed it into service.

•              The state’s expert from ODH was not tested as required by Ohio Administrative Regulations before being issued a valid operator access card to use the Intoxilyzer 8000, but was in fact “given” a card by the director of ODH.

•              The ODH does not have the source code and does not know the patent number of the Intoxilyzer 8000.  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  does not know who decided to purchase the Intoxilyzer 8000 and does not know who was on the governor’s committee that reviewed the Intoxilyzer 8000, or what that committee’s recommendation was to the Director of ODH as to the Intoxilyzer 8000.

•              The ODH has told courts that the records are maintained on the website, but some records have gone missing, were never available, and in fact the disclaimer on the website says that they make no guarantee of the accuracy of the information contained on the website.

•              The ODH has not been able to 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 him to believe that the machine is accurate and reliable.

•              In many cases the court suppressed the evidence from the Intoxilyzer 8000 machine.

And remember, if you or a family member has been arrested for DUI in the Akron Area – including: Stark, Summit, or Portage Counties – call SUHRE & Associates at 330-564-1126.  We are available 24-hours a day, 7 days a week.  Because now is the best time to put a team that includes a FORMER POLICE OFFICER and a 3 FORMER PROSECUTORS to work… for you!

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