For the first time, an appellate court in Central Ohio addressed whether evidence from an Intoxilyzer 8000 is admissible in an O.V.I./D.U.I. trial. The court of appeals ultimately decided that the defendant is prohibited from challenging the general reliability of the Intoxilyzer 8000, so the results of that machine's breath tests are admissible. The court's opinion, however, contained language questioning whether that prohibition should continue to be the law in Ohio O.V.I. cases.
The case is State v. Reid. A previous post in this blog (June 11, 2011) discussed the ruling of the trial court. The trial judge concluded that breath test results from the Intoxilyzer 8000 are not reliable enough to be admitted as evidence. The trial judge wrote, "Having heard the testimony presented in the above cases, the court finds that the Intoxilyzer 8000 has not been demonstrated by expert testimony by the Ohio Department of Health to be an accurate and reliable instrument for breath testing in O.V.I. cases." Because the breath test result was not reliable, the judge excluded breath test evidence from the defendant's trial. Without the breath test evidence, the defendant took the case to trial and was found not guilty. The prosecution appealed the trial judge's decision to the Fourth District Court of Appeals.