2011 Ohio 5444
Ohio Ct. App.2011Background
- Wyandot County stopped Kitzler for headlights and lane violation; detected strong odor of alcohol; admitted drinking six beers; arrested for OVI and license issue; field sobriety tests performed including HGN; Intoxilyzer 8000 test deemed invalid due to sample deviation; later BAC Datamaster test yielded .239; indicted on two felony counts; moved to suppress evidence; suppression denied; jury found guilty; affirmed on appeal.
- Observation period interrupted by water intake within 20 minutes prior to test; state bore burden to prove no effect on results.
- Expert testified water does not affect BAC results, distinguishing Siegel; the State argued validity of the second test despite initial invalid reading.
- Two distinct tests involved: invalid Intoxilyzer 8000 reading and subsequent BAC Datamaster reading used for conviction; issues raised about compliance with testing standards and procedures.
- Field sobriety testing standards: State failed to prove substantial compliance with NHTSA or similar standards; HGN results challenged for lack of standard proof; however, other evidence supported arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to observe 20 minutes and ingested water taints BAC | Kitzler; water intake during observation invalidates test | State failed to prove no effect from water | First assignment overruled |
| Whether invalid Intoxilyzer 8000 reading can be admitted | State relied on invalid test readings | Readings correlated and considered valid by expert | Second assignment overruled |
| Whether retesting on the same machine was required | Retest on Intoxilyzer 8000 necessary | No prejudice from using another machine | Third assignment overruled |
| Whether field sobriety test evidence was admissible without standard proof | HGN admissible under RC 4511.19(D)(4)(b) | State failed to prove testing standards; evidence should be suppressed | Fourth assignment overruled (harmless error analysis applied) |
Key Cases Cited
- State v. Siegel, 138 Ohio App.3d 562 (2000-Ohio-1747) (burden on state to show ingestion does not affect test results)
- State v. Zamorski, 141 Ohio App.3d 521 (2000-Ohio-???) (invalid test readings generally inadmissible without explanation)
- State v. Bish, 191 Ohio App.3d 661 (2010-Ohio-6604) (state must prove testing standards to admit field sobriety results)
- State v. Homan, 89 Ohio St.3d 421 (2000-Ohio-???) (probable cause can exist without field sobriety results if totality of circumstances supports arrest)
- Bolivar v. Dick, 76 Ohio St.3d 216 (1996) (observation period prevents oral intake)
- Siegel, 138 Ohio App.3d 562 (2000-Ohio-1747) (reference to ingestion during observation)