Key Oklahoma Court Decision Calls Breathalyzer Results into Question

After the Oklahoma Civil Court of Appeals called into question whether pieces of a breathalyzer device used on a DUI defendant were properly approved, thousands of other breath tests could be questioned. The decision became final when in mid-2016, the Oklahoma Supreme Court refused to hear the case. However, the full impact of the court’s findings in Sample v. State, 2016 OK CIV APP 62 has yet to be assessed.

In brief, the defendant challenged the procedure used to approve use of two pieces of the breathalyzer. The device used was the Intoxilyzer 8000. Instead of being approved by the State Legislature and the governor, use of the pieces was approved only by the Oklahoma Board of Tests for Alcohol and Drug Influence. However, this procedure does not correctly follow the law: the Board of Tests had no authority to approve these pieces by resolution. As a result, the defendant’s driver’s license revocation was overturned.

In the wake of the Court of Appeals decision and Supreme Court refusal to hear the case, Oklahoma officials pointed out that the defendant did not challenge the accuracy or reliability of the breathalyzer results themselves. The decision centered on a technical procedure for approving breathalyzer pieces. However, any breathalyzer results in DUI cases during the time period after the Board of Tests approved the pieces could be ruled inadmissible.

Further, the Board of Tests and other lawmakers have been put on notice that procedures must be followed in DUI cases, and DUI attorneys can continue to challenge technicalities of breathalyzer devices’ construction. The Sample case emphasizes that every aspect of DUI cases must be reviewed to develop successful defenses.

If you, a friend or family member has been charged with DUI and possession, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.