DUI Breath and Blood Testing

I’ve been breath and/or blood tested for a DUI – now what?

In the state of Oklahoma, one of two tests are typically applied to test to see if a driver is intoxicated: a blood test and a breath test. While a blood test is generally more accurate, a breath test is usually the first method implemented to ascertain whether or not a driver has been drinking.

There are two reasons why officers use the breath test versus the blood test, even though the blood test is more reliable: the breath test is cheaper and faster to employ.

It is important to remember that in Oklahoma, there is a law called the Oklahoma Implied Consent Law (OICL). This law states that a driver is allowed to refuse to take the Intoxilyzer, a machine that tells an officer or medical professional your Breath Alcohol Concentration (BAC). If you have been drinking, it is probably in your best interest to refuse to take a breath test. However, bear in mind that should you refuse, OK will begin the process of revoking your license immediately if they suspect that you have been driving drunk.

If you are over 21, you must blow a .08 to be charged with a DUI or APC, and between a .06 – .07 to be charged with a DWI. As you can surmise, the difference between a DUI and a DWI is how high your BAC was when you were charged, but the main takeaway is what happens when you receive one of the two; both get you a revoked license, but the severity of how long the revoking lasts depends on whether this charge is your first, second, or third offense.

Clint is among the top trained lawyers in the country in the science of the breath and blood testing used in DUI and drug cases. He has travelled all over the country to laboratory and training seminars to gain an expertise in evaluating whether the State has used the proper testing standards in order to prove that someone is under the influence. This specialized training allows us to tailor a very specific strategy to build your defense. Just being arrested isn’t the end of the story, let us use our vast knowledge of the law and system to tailor a defense that gets you a great result.