In Cincinnati v. Ilg, the Ohio Supreme Court ruled that every person accused of a drunk driving offense involving a breath-analyzer machine may obtain all computerized breath test data from prior results generated by the alcohol tester into which they blew. The accused may do this in order to obtain data that the Court deemed necessary to:
(1) “challenge the accuracy and credibility of a breath test by showing that the breath-analyzer failed to operate properly at the time of testing”; and
(2) challenge whether the machine’s “breath test results were analyzed in accordance with methods approved by the director of the Ohio Department of Health.”
Despite the Supreme Court’s ruling, the Ohio Department of Health is refusing to provide those records, resulting in a record dismissal of drunk driving cases.
As a result of the Court’s ruling in Ilg, Columbus DUI defense attorneys will now:
- be in a much better position to gain the information they need to successfully defend against adverse breath test results, and
- have greater leverage to negotiate a favorable case result.
If the Ohio Department of Health continues its past practice of refusing to provide the breath test machine data, this greater leverage can even result in the wholesale dismissal of some drunk driving cases.
To better learn how to best defend against a DUI or OVI charge in Columbus, Ohio, here’s what you need to do:
(1) Read our Article about 5 DUI MISTAKES not to make after being charged with drunk driving in Columbus, Ohio
(2) Get answers to your questions in DUI FAQS
(3) Download our OHIO DUI DEFENSE GUIDE
(4) Call our law firm at 614.454.5010 for a FREE INITIAL CONSULTATION with an experienced Columbus DUI defense lawyer.