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Ohio Judge Rules that Breathalyzer is Unreliable

COLUMBUS (Ken Hines) -- An Ohio judge has ruled that a breathalyzer machine currently used by police during drunk driving stops is unreliable.

The judge ruled in Marietta Municipal Court that attorneys convincingly demonstrated that the Intoxilyzer 8000's results can be affected by radio activity from cell phones and other devices.

Attorneys also argued the machine can be easily manipulated.

"The machine doesn't turn off. The officer could tell you to continue to blow continue to blow, and he can get up above a .08," defense attorney Tim Huey said.

The judge's decision came after arguments were presented on behalf of several OVI offenders who are fighting the charges on which they were convicted. The breathalyzer results for each of those cases have been suppressed.

An Ohio Department of Health spokesperson said the Intoxilyzer was chosen for its reliability, and claims that 98 percent of appeals involving the device are won by the state.
 
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