Last week, in the case of State v. Lancaster, an Ohio Municipal Court Judge ruled that the results of the Intoxilyzer 8000 breath test machine are not scientifically reliable.
The Judge found that the breath machine “has at least three critical deficiencies that seriously undermine the reliability and accuracy of its results”, and that the Court was “hard pressed to find that the (breath machine) has achieved general acceptance as a scientifically reliable breath testing instrument in light of the specific deficiencies demonstrated by the testimony.”
While West Virginia uses a different breath test machine for people who are arrested for DUI, the lessons from the Lancaster case remain — if you are charged with DUI, you need an attorney who is willing to challenge the reliability of the breath machine. Attorney Simms strongly believes that the breath test machine used in West Virginia is also inherently unreliable, and he is one of the few attorneys in the state that is willing to challenge the breath test results. If you have been charged with DUI in Morgantown, Fairmont, Kingwood or anywhere else in West Virginia, call Attorney Simms today for a free consultation at 304-296-7776.