The Department of Health is responsible for selecting the breath testing devices used across the state. As a former prosecutor I have been on both sides of DUI cases. I have also been interviewed by the media, and lectured, on the subject of the most controversial breath testing device in the state – the Intoxilyzer 8000. So what is the 8000? The 8000 is the newest breath testing device in Ohio. It is made by a company called CMI out of Kentucky.
What makes the 8000 different than the other breath testing devices are the same issues that make it possible for us to beat it in court. First, the machine has a much slower processor than other breath testing devices. Second, the machine does not have the ability to reliably tell the difference between mouth alcohol and lung alcohol. This is an important difference because the law requires that lung alcohol be tested. Third, the Department of Health has the ability to control what evidence is turned over to prosecutors and defense attorneys. This means that there could be evidence showing that you are not guilty but it does not get turned over to either side. It is important to hire an experienced defense attorney to protect you from this machine.
If you are serious about defending yourself from these charges call us at (330) 752-6706. Ask to speak to me, Joe Patituce, an Akron DUI Lawyer who beats his client’s breath test results. The call is confidential and private.