Thousands of DUI cases that are pending in the state of Ohio could likely be dismissed if the state Department of Health fails to provide data from breath-testing machines to these DUI suspects and their lawyers.
The Ohio Supreme Court recently ruled that persons who were accused of DUI can challenge their test results by obtaining the results of prior tests, generated by the breathalyzer that was used on them at the time of their arrest. However, the officials of the Ohio Department of Health claim that it would be impossible to simply turn over years of DUI breathalyzer test data, calibration tests, and all kinds of other information on individual testers that were used during these DUI arrests.
DUI defense lawyers however are not prepared to accept the excuse that years of data cannot simply be turned over to the suspects and their lawyers. Computer experts have testified that it would not be a major challenge to provide the data, and it would also not be very expensive to do so. Attorneys are now preparing to seek for dismissals of their clients cases, if the Ohio Department Of Health fails to release the data to these DUI suspects and their attorneys.
According to many lawyers, the main reason why Ohio officials do not want to turn over the data is that they is worried that the breathalyzer they are using for these DUI arrests - the Intoxilyzer 8000 - will be deemed inaccurate.
Calling into question the efficacy of breathalyzer tests is just one of the many defenses that can be used in your case. If you have been arrested for DUI, speak with a Los Angeles DUI defense attorney immediately.
