State v. Butler
2013 Ohio 543
Ohio Ct. App.2013Background
- Butler was charged with DUI and related offenses in Portage County; trial court granted suppression of Intoxilyzer 8000 breath test results.
- Butler moved to suppress on grounds of noncompliance with Ohio Adm.Code 3701-53-04 and challenge to reliability; state relied on Vega to avoid proving general reliability.
- State argued the Director of Health approves devices and Vega allows no general reliability attack; Butler argued dry gas test compliance and reliability concerns.
- Trial court ruled the state must prove reliability of the Intoxilyzer 8000 before admission of results, and suppressed the breath test results.
- Court of appeals held Carter governs and permitted a specific reliability challenge rather than a general requirement; reversed/ remanded for Butler to raise specific reliability challenges on remand.
- On remand, the device is still approved; Butler may challenge general reliability specifically; appellate court reinstates gatekeeping discretion to ensure due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state must prove general reliability of the Intoxilyzer 8000 | Butler (state) argues Vega precludes general reliability proof | Butler argues the device’s general reliability must be shown before admission | State need not prove general reliability; specific challenges permitted on remand |
Key Cases Cited
- State v. Carter, 11th Dist. No. 2012-P-0027, 2012-Ohio-5583 (2012) (controls admissibility approach after Vega, allows specific reliability challenges)
- Vega v. State, 12 Ohio St.3d 185, 468 N.E.2d 943 (1984) (delegation to Director of Health; no general reliability attack allowed)
- Beec hler v. Beechler, 2010-Ohio-1900 (2d Dist. Ohio App.) (recognizes trial court discretion in evidentiary decisions related to admissibility)