State health dept under fire for changing DUI testing records - Cincinnati News, FOX19-WXIX TV

State health dept under fire for changing DUI testing records

HAMILTON, OH (FOX19) -

A Butler County drunk driving case could have an impact on thousands of other DUI cases around the state.

Mark Krumbein is the defense attorney in the case, and he has asked that testing evidence be thrown out. Krumbein claims proper procedures weren't followed when authorities used a testing device called the Intoxilyzer 8000.

Krumbein also argues that the judge should throw the case out because the Ohio Department of Health altered records related to the DUI tests.

"The manufacturer says each time there's a breath given there should be a calibration of the machine each and every time before and after," he says. "The machine was not doing that, missing a calibration between the breath tests so that means the breath tests may not be accurate."

FOX19 Legal Analyst Mike Allen says altering records related to the DUI will open up a "Pandora's Box" for defense lawyers. "The state has to demonstrate that the procedures were followed and there are records that document those procedures and if those records were altered in anyway that's an issue," he said.

In our commitment to balanced news we reached out to the state health department's Mary Martin who insists they only changes that were made was in how the records are labeled for clarity, and not the information they contained. 

"Did we in fact change the forms...yes. Did we change the data...no. Did we change any results, anybody's test results, anything that had to do with any individual's one test...no," she said.

If the judge in the Butler County case throws out the testing evidence, it could affect thousands of DUI cases around Ohio.

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