Fight DUI Charges with Subpoena of Breath-Alyzer Machine Test Data

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  • Post category:DUI

An Ohio Supreme Court decision now makes it much easier to defend against drunk driving (DUI and OVI) cases in Columbus, Ohio.

In Cincinnati v. Ilg, the Ohio Supreme Court ruled that every person accused of a drunk driving offense involving a breath-analyzer machine may obtain all computerized breath test data from prior results generated by the alcohol tester into which they blew.  The accused may do this in order to obtain data that the Court deemed necessary to:

(1) “challenge the accuracy and credibility of a breath test by showing that the breath-analyzer failed to operate properly at the time of testing”; and

(2) challenge whether the machine’s “breath test results were analyzed in accordance with methods approved by the director of the Ohio Department of Health.”

Despite the Supreme Court’s ruling, the Ohio Department of Health is refusing to provide those records, resulting in a record dismissal of drunk driving cases.

As a result of the Court’s ruling in Ilg, Columbus DUI defense attorneys will now:

  • be in a much better position to gain the information they need to successfully defend against adverse breath test results, and
  • have greater leverage to negotiate a favorable case result.

If the Ohio Department of Health continues its past practice of refusing to provide the breath test machine data, this greater leverage can even result in the wholesale dismissal of some drunk driving cases.