The Intoxilyzer 8000 is the breath testing machine that is currently approved for use in the State of Florida. Since its acceptance, it has been the focus of an incredible amount of litigation based on concerns that it is inaccurate and susceptible to testing errors that could lead to the conviction of an innocent driver. There have been mixed results in the challenges lodged by attorneys in Florida, but these battles will continue to be fought.
A Judge in the State of Ohio however, is convinced the Intoxilyzer 8000 is not scientifically reliable. After a five day hearing with experts for both the State and defense being called, Judge Teresa L. Liston ruled that the results of the Intoxilyzer 8000 are, “not scientifically reliable and the court, as a gatekeeper against unscientific evidence, must prohibit them from being introduced as evidence in this case.”
Rulings like this provide hope that concerns in the Intoxilyzer 8000's reliability are growing. In many cases, the results of this machine alone can lead to a conviction. As DUI attorneys continue the fight against this machine and the questionable science it functions on, opinions like this are an important tool in making a persuasive argument.