Breath Testing in Oklahoma
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Many people, including lawyers, will look at a breath test result and say, “Oh, you scored a high number, you will be convicted”. THIS DOES NOT HAVE TO BE TRUE, but it does show a total lack of understanding of the testing process and procedures. I have trained extensively and understand how the machines work and what problems can occur in them.
Your lawyer’s knowledge in this area of DUI litigation often is the difference between a conviction and being found NOT GUILTY.
How accurate are the chemical testing procedures?
- Oklahoma law provides that a suspect can be tested by blood, breath or both.
- Blood testing is generally considered to be the most reliable and accurate method. However, this is the least desirable by the police because it is more expensive and time consuming. Additionally, blood testing would allow you to have a second test performed on your blood sample by your own expert.
- Breath testing is more convenient, cheaper and is not subject to retesting. The machine is capable of preserving a sample, the law allows retesting of any saved sample but it cost about $2 to retain the sample and no agencies are willing to spend the money or subject themselves to being rechecked.
To be clear, the police use the cheapest, most convenient, non-testable, scientifically debated chemical test when your freedom is on the line.
