Tag Archives: evidential breath testing

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…
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Rowland Speaks to Ohio Municipal Attorneys Association

Charles M. Rowland II (DaytonDUI) was honored to be asked to speak to the Ohio Municipal Attorney Association at their Ohio Municipal Law Institute.  The Ohio Municipal Attorney Association is made up of Law Directors, Village Solicitors, including civil law attorneys and prosecutors make up the individuals working for cities and villages active.  He gave…
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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…
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Calibration of the Intoxilyzer 8000, O.A.C. 3701-53-04

The revised Ohio Administrative Code section 3701-53-04 incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The "new" standards "automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards…
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Infrared Spectroscopy and the Falsely High Breath Test (by DaytonDUI)

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…
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