New Breathalyzers Considered for Ohio DUI

Plan is to standardize breath testing equipment for testing drunk drivers in Ohio.

The Ohio Controlling Board a considering the purchase of new breath testing equipment for the state. The goal is to standardize the equipment used when testing driver’s for suspicion of driving under the influence in Ohio. Currently law enforcement agencies use a series of devices and techniques to test blood alcohol content or BAC. Both the Ohio Department of Public Safety and Department of Health are asking for the state to buy 700 Intoxilyzer 8000 machines. The Ohio State Patrol has also approved of the standardization of all breath test equipment for Ohio drunk driving tests.

The two state agencies say that the Intoxilyzer has been tested in a range of temperatures and climate conditions and been found to perform well. The concern is that the equipment has been the focus of several lawsuits recently. Judges in Florida, Arizona and Minnesota have ordered CMI, the Kentucky manufacturer of the Intoxilyzer 8000, to release the software code. To date the company has refused to do so and large penalties have been accrued. The software is the center of an on-going debate as to the accuracy of the breath test. Rather than being a static test with a single code version, each state has the latitude to define tolerances it finds acceptable. Drunk driving defense lawyers have challenged those variables and also claim that the manufacturer has changed the software authorized by the states without their knowledge or permission, leading to the possibility of false BAC readings.

Ohio Controlling Board is expected to announce a decision today.

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