Court rules to uphold Intoxilyzer 8000 test results for DUI

Ohio defense lawyers are fuming about an appellate ruling in a Clermont County DUI case.

At issue is the reversal of a judge's decision to throw out test results from the Intoxilyzer 8000.

The judge questioned the machine's results when operators didn't recalibrate it, according to state health department rules, and defense lawyers agree. They say results from the machine are too unreliable.

Criminal defense lawyer Mark Krumbein said some judges are saying the cases should be tossed out and the 12th District says it's okay.

"So now, the next step, I'm sure, will be the Ohio Supreme Court," Krumbein said.

Krumbein says police in Kentucky don't use the Intoxilyzer 8000, though it was made there.

He says Tennessee is one of the states that has outlawed the machine.

9 News had originally investigated the Intoxilyzer 8000's reliability back in November of 2011. Read that original report at http://www.wcpo.com/dpp/news/9-news-exclusive%3A-accuracy-of-ohio-police-breath-test-machines-questioned%2C-sobering-questions-remain