Tag Archives: breath testing

Intoxilyzer 8000 Is Unreliable Judge Finds

Intoxilyzer 8000A judge recently ruled the Intoxilyzer 8000 (Ohio’s newest breath testing machine) unreliable.  In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases.  Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School.  She is [Read the full post. . .]

CBS Highlights MADD’s DADDS Technology (by DaytonDUI)

All 16 major car companies and the federal government is behind technology (described in the video) that would test each and every person’s tissues, blood or breath each time you enter a car… your car.  The project’s goal is to develop an inexpensive, publicly-supported and extremely accurate technology that passively senses if a driver is at or above the illegal limit of .08 BAC.  If the technology says the driver is drunk, DADSS would prevent the vehicle from starting.  The [Read the full post. . .]

Athens Judge Throws Out Intoxilyzer 8000 Rules

State v. Moore (12 TRC 1842) and State v. Montague (12 TRC 3773) Athens Municipal Court

In another in a series of troubles for the implementation of Ohio’s newest breath test machine, Judge Grimm in Athens County has halted use of the Intoxilyzer 8000.  Courts throughout Ohio must decide how, given this ruling, they will deal with the implementation of the machine.  The issue before the court involved the rules adopted by the Ohio Department of Health.  Specifically, the court [Read the full post. . .]

DUI Case Law Update: State v. Castle (Franklin County)

State v. Castle, 168 Ohio Misc.2d 6, 2012-Ohio-1937

On July 3, 2011, Floyd Castle was arrested and charged with OVI (drunk driving) and other offenses.  When the Trooper administered a chemical test he chose to conduct that test on a BAC DataMaster breath test devise instead of Ohio’s newest machine the Intoxilyzer 8000.  The Trooper was qualified as a senior operator on the BAC DataMaster.  The Trooper also held an operator-access card to administer tests on the Intoxilyzer 8000.  The [Read the full post. . .]

Infrared Spectroscopy and the Falsely High Breath Test (by DaytonDUI)

Ball and stick model of ethanol

The Intoxilyzer 8000 operates using the scientific principle of infrared (IR) spectroscopy, which identifies molecules based on the way they absorb infrared (IR) light.  More specifically, when molecules in a breath sample are exposed to IR light the way they vibrate changes due to the bending of the (C-O, O-H, C-H, C-C) bonds.  Each type of bond absorbs light at a known wavelength, thus the amount of IR absorption identifies a substance as ethanol and how much ethanol is in [Read the full post. . .]