DUI defense attorneys in Ohio have recently won a substantial victory in the Ohio Supreme Court that will allow defendants to bring stronger challenges to the validity of breathalyzer tests. The Ohio court’s decision will require states to comply with discovery requests by the defendant, and produce critical data and records relating to their breathalyzer devices.
In the case of Cincinnati v. Ilg, the defendant was questioned and tested for intoxication after he lost control of his vehicle and struck a fence, sign, and pole. The officer who responded to the accident administered a breath test using the state’s device, the Intoxilyzer 8000. The device revealed that the defendant had a BAC reading that was almost twice the legal limit. The defendant was subsequently charged with an OUI.
Before trial, the defendant’s attorneys requested that the prosecutor produce records of the defendant’s test, as well as test data, maintenance records, and results produced by the Intoxilyzer 8000 machine used to test the defendant. The purpose of this request was to compile enough evidence to demonstrate the inaccuracy of the defendant’s breath test on the night of the accident, and so to prevent his BAC results from being introduced in trial. The defendant requested records from his own test, as well as for tests conducted three years prior to his arrest, and three months following.
The state refused to hand over the requested information, stating that it was too costly and time consuming to produce all of the requested records, and that state legislation does not require release of that information. The defendant then asked the court to issue an order compelling the state to release those records, but the state continued to refuse. The court subsequently imposed sanctions no the state prosecutor, forbidding any evidence of the breath tests from being presented into trial. The state appealed.
The Ohio Supreme Court agreed with the trial court’s decision because it did not believe that the state was protected by statute from disclosing the information sought by the defendant. The Ohio legislature had previously passed a statute requiring courts to accept the results of an state-approved breathalyzer machine as generally scientifically erliable. This legislation was designed to allow courts to avoid having to hear lengthy expert testimony and arguments by both parties regarding the general scientific accuracy of the results of these state-approved machines.
However, the Ohio Supreme Court distinguished the statute from the defendant’s discovery attempt, interpreting the defendant’s request to fall outside the scope of the statute. According to the Ohio Supreme Court, the statute only prevents defendants from attacking the general accuracy and scientific reliability of the test procedure and machine approved by the state. The defendant in this case, however, only sought to challenge the accuracy of the results produced by the specific breathalyzer test used in his own specific case. And since the defendant’s discovery request is consistent with his attempt to challenge the specific test results in his case, rather than the general scientific reliability of breath tests, the Ohio Supreme Court upheld the trial court’s sanctions against the state for failing to comply with the request and court order.
Breathalyzer test results are among the most controversial forms of evidence presented by prosecutors against DUI defendants all across the nation. Breath tests are often found to be unreliable because the BAC readings are often effected by too many unmeasured variables that are inherent in human physiology and metabolism of alcohol. This case is a substantial victory for Ohio defendants, and it comes at a time where many courts in different jurisdictions are beginning to take a closer look at the accuracy of breath tests and the actual reliability of their readings.