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The following is an archived video story. The text content of that video story is available below for reference. The original video has been deleted and is no longer available.

Debate Over Intoxilyzers Continues in Ohio

DAYTON --  Controversy surrounds a certain breathalyzer that dozens of local police agencies use to detect drunk drivers.

This week an Ohio judge ruled the "Intoxilyzer 8000" was not scientifically reliable.

Kettering Police Department is one of many police agencies in the Miami Valley that uses the machine. Last week, Kettering had an OVI checkpoint where 6 arrests were made based on results from that device.

Kettering Police have been using the machines for more than a year.

"We've had no complaints, no problems with the toxilyzer, with any type of new tool there might be issues, but I know of no issues that we have had," said Sgt. Robert Green with Kettering Police.

A recent ruling by Judge Teresa Liston out of Franklin County discredits the reliability of the machines, which are used in all Ohio counties and by 40 local police agencies.

"I think that the judge looked at issues that have been looked at not only in Ohio but in TN, Arizona, Delaware, and other states," said Charles Rowland, a local OVI attorney. 

The judge found a number of issues, including smartphone frequency disrupting the overall result of the machine.

"The machine doesn't test your blood it test your breath here we challenged the machine and said that it's unable to distinguish residual mouth alcohol, that is regularly in your mouth in your breath as oppose to the deep lung air that's suppose to be measured by the machine," said Rowland.

We checked and there are 400 intoxilyzers being used in Ohio. Centerville, Dayton, Fairborn and West Carrolton Police Departments have used them with no problems. 

"I feel It's a very useful tool and I was surprised to hear of that ruling. don't know the background of the ruling but for us it's been a very useful tool," said Sgt. Green.

The Ohio Department of Health released this statement: 

The Ohio Department of Health is aware of the recent ruling in Marietta. However, please realize that 98% of the appellate rulings are in favor of the state and deem the I-8000 a reliable instrument. There approximately 400 instruments are currently deployed throughout the state. The Intoxilyzer 8000 was chosen for use in Ohio because of its proven performance, reliability and repeatability in extensive testing at the state and federal levels.
Court challenges are to be expected but we are confident that the use of breath alcohol testing instruments helps to reduce impaired driving and saves lives. In 2011 there were more than 350 deaths in Ohio from alcohol-related crashes. The bottom line: dont drink and drive.
It's a tough debate, but local defense attorneys are glad that it's finally coming to light and hope that it will increase fairness in the court of law.

Coincidentally, there are a pair of OVI checkpoints in the Miami Valley Friday night. One at Springboro Pike and Miamisburg - Centerville Road in Miami Township at 7 and the other in Clark County on State Route 235.

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