If it's fixed, break it -- OVI prosecutions in peril, or, Stupid Government Tricks, Part 2

The state wants police agencies to scrap their existing Datamaster alcohol testing machines in favor of a new machine that’s easier to use and portable – and not as accurate or reliable. The new machine is the subject of lawsuits in other states, and DUI defense lawyers here are revving their word processors.

The new machine, the Intoxilyzer 8000, can give different readings from repeated tests on the same drunk. The old standard Datamaster is rarely challenged in court, because the technology is well-known, and generally accepted. If there’s a Datamaster test, lawyers tell their clients to plead guilty

Al Staubus, Ph.D., is an expert in how the body processes alcohol. He testifies for both the defense and the State and is highly regarded by the courts and the scientific community. He told me that the new machine has several deficiencies, including variation in test results depending on how hard the drunk blows.

The Datamaster won’t analyze a breath sample that doesn’t produce enough air in a limited amount of time. The new machine doesn’t use that fail-safe – meaning the deep-lung air doesn’t necessarily get to the machine.

And, the manufacturer of the new machine won’t let defense lawyers review the computer source code, so defense lawyers claim they can’t tell if the machine produces scientifically reliable results. That’s hard to argue against – no prosecutor wants to convict a person who may be innocent.

Ohio approved $6.4 million Tuesday to purchase 700 of these curiosities, and plans to use them for the Highway Patrol, and give them to local police agencies. The Health and Public Safety departments are telling us not to worry, everything’s fine. Besides, it’s not local money, it’s a federal grant.

Can anyone explain to me why bad purchasing decisions are instantly rendered unobjectionable because it’s federal money that’s being wasted?

But don’t take my word for it. John Saia, a skilled OVI defense lawyer, told the Plain Dealer “These are much easier machines to defend against, because they’re flawed.”

I know John Saia. He knows what he’s talking about. Ohio, you’ve been warned.