State v. Funk, 2013 Ohio 444

State appeals a suppression ruling that excluded breath-test results from the Intoxilyzer 8000.
Funk was charged with OVI and related offenses arising from a January 2012 traffic stop in Portage County.
Municipal Court held a suppression hearing and granted the Motion to Suppress the breath test results.
The court dismissed the R.C. 4511.19(A)(1)(d) charge and stayed other counts pending appeal.
The State argues the device is approved by the Director of Health and that Vega and related precedents do not permit suppression based on general reliability; the appeal is de novo on pure questions of law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court may bar admission of breath-test results despite statutory approval.	State argues the device is approved and admissible.	Funk argues the court may exclude based on general reliability.	Reversed; trial court must admit if procedures followed and device is generally reliable.

State v. Vega, 12 Ohio St.3d 185 (1984) (reliability of intoxilyzers cannot be attacked generally)
State v. Yoder, 66 Ohio St.3d 515 (1993) (courts defer to the Director of Health on regulations)
State v. Mayl, 106 Ohio St.3d 207 (2005) (gate-keeping statute for breath-test admissibility)
State v. Boczar, 113 Ohio St.3d 148 (2007) (trial court authority to regulate admissibility; not to preempt evidentiary rules)
State v. Davidson, 17 Ohio St.3d 132 (1985) (final order appealable when breath-test suppression affects proof)
State v. Tanner, 15 Ohio St.3d 1 (1984) (defendant may challenge accuracy of a specific test while accepting procedure)