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Judge rules breath testers unreliable in Ohio case

COLUMBUS, Ohio (AP) — Opponents of a portable breath tester used on suspected drunken drivers are buoyed by a judge's ruling that the devices aren't scientifically reliable and can't be used as evidence in a southeast Ohio case.

A Department of Health spokeswoman says Ohio bought hundreds of the Intoxilyzer 8000 because tests supported its reliability. About 400 are used by authorities around Ohio.

Some judges have sided with the state, but a few have excluded the results from drunken driving cases in their courts. The Columbus Dispatch ( ) reports one such ruling came last week from a judge hearing eight consolidated cases in Marietta in which motorists challenged Intoxilyzer results.

Columbus lawyer Tim Huey has challenged the testers for years and says the ruling helps but won't immediately end use of them.

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