Breathalyzer Results Dismissed as Evidence in Oklahoma DUI Cases

Potentially thousands of defendants accused of driving under the influence (DUI) could get their driver’s licenses back thanks to a recent major decision by the Oklahoma Supreme Court. On Monday, September 26th, 2016, the Oklahoma Supreme Court refused to hear the case of Eric Sample vs. State of Oklahoma and Department of Public Safety due to an issue surrounding the way the state approved the rules governing the use of two key pieces of the Intoxilyzer 8000 – the breath testing device used in Sample’s and countless others’ drunk driving cases.

In November 2015, the Court of Civil Appeals found that there were problems with the way the State Board of Tests for Alcohol and Drug Influence approved the use of the gas canister and mouthpiece used on the breath testing devices – a process that should have been approved through the State Administrative Procedures Act with approval by the State Legislature and Oklahoma Governor Mary Fallin. While the accuracy of the Intoxilyzer 8000 has not been called into question, the addition of the mouthpiece and gas canister was deemed to have been a violation of state rules, making any results drawn from the breathalyzer from the start of the case to potentially be inadmissible in court.

While this comes as good news to both Eric Sample and numerous other drunk driving defendants throughout the state, this does not mean that they are in the clear. Since breathalyzer results are only one piece of evidence used by the prosecution, it is still imperative for DUI defendants to retain the services of a powerful attorney to protect themselves against possible serious consequences.

If you have been charged with DUI, contact the Law Offices of Keith J. Nedwick, P.C. as soon as possible. With more than 50 years of shared legal experience, our Norman, OK DUI lawyers have the knowledge and skills to contest the evidence against you and minimize your chances of conviction.


Call (866) 590-8173 or contact our firm online today to review your defense options in full.


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