DUI test results to be available to attorneys
By December, facilities will begin to turn over past information from DUI tests to defense attorneys (even though before, Ohio Department of Health officials said it was impossible to give out that information). On Oct. 1, a huge ruling was made that allowed those charged with DUI to actually challenge how accurate their test results are by comparing the accuracy of past results. Defense attorneys argued (before the ruling) that officials didn’t want to turn over results because it might prove that those results weren’t quite as accurate as thought.
Previously October 1, 2014
Court rules in favor of challenging DUI tests
Historically, DUI defendants have not been able to challenge the reliability of breath tests. Wednesday, the Ohio Supreme Court unanimously voted to dismiss a man’s test results when he wasn’t allowed data from the Ohio Department of Health concerning results of the specific machine he had used and how accurate that machine was considered. That ruling could set a precedent for any DUI defendant who pleads not guilty and is now allowed to question the accuracy of their test. State health officials had argued that they simply don’t have the funds or the man power to provide all of the past information of specific machines to defendants, but as the court sees it, defendants have a right to that information.
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