On October 1st, the Supreme Court of Ohio gave DUI lawyers a new way to attack alcohol breath test results. The Court ruled that DUI lawyers have the right to review the data of prior results of a alcohol breath testing machine when the lawyer currently represents a client that blew into the same machine. The Ohio Administrative Code mandates that the Ohio Department of Health be responsible for the keeping and maintenance of those records. If the Department of Health fails to turn over the necessary records to the DUI lawyer, then it is very possible that the results of his or her client's breath test would not be admissible. This would cause problems for law enforcement in thousands of OVI cases. The Court's decision was based in part on the unreliability of a certain breath testing machine - the Intoxilyzer 8000. 

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