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How reliable is the breath test? How reliable is the breath test?

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In Oklahoma, you will be given 2 tests and those tests must be within .03 of each other. If your first test was .08, an acceptable second test could range from .05(not intoxicated) to .11 and be acceptable. CLOSE ENOUGH FOR GOVERNMENT WORK!

  • Neither the State nor the manufacture of the machine will allow anyone other than law enforcement to test the machine for its accuracy and reliability. For a procedure to be accepted as accurate and reliable in the scientific community, it must be open and available for the scientific community to test and retest the procedure. This is not permitted with the Intoxiliar. What are they hiding?
  • The number produced by the machine comes from a mathematical formula in the machine. The manufacturer will not divulge this formula, claiming it is ‘proprietary.’ Again, what are they hiding?
  • A sample of your breath could be saved for retesting for about $2 but the State chooses not to save it. Why don’t they save a sample when your Freedom is on the line?
  • A few of the many other issues that can affect the accuracy of a breath are: body temperature, breath temperature, power surges, radio frequencies, mouth contaminates(smokeless tobacco, dentures, denture adhesives, mints, lip balm etc), physical problems, exposure to certain chemicals, diabetes, esophageal hernia, heartburn, liver disease, certain diets, certain medications, machine malfunctions, improper maintenance, and improper training. This is not an inclusive list.
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Submitted on 2005-11-17 in  |  Permalink |  Comments (0) |  TrackBack (0)
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 DUI Questions
 · What is the difference between DPS License Hearing and Criminal Case?
 · What if I have a Commerical Drivers License ( CDL )?
 · What if I have a Pilot's License and I get a DUI?
 · What are the criminal penalties of a DUI in Oklahoma? 
 · What will happen to my Oklahoma Driver's License if I am arrested for a DUI?
 · Will I go to jail for getting a DUI in Oklahoma?
 · Are Field Sobriety Tests very accurate?
 · How Accurate is the Breath Test?
 · How is the Breath Testing Done?
 · Can anything affect my performance on the Field Sobriety Tests?

More FAQS on DUI

 Field Sobriety Tests - Do you have to submit to these tests?
Every single DUI case is different, but as a general rule, it is almost always better to take the test in Oklahoma. However, if you have several convictions for DUI and fail time is more of the concern versus saving your Oklahoma driver's license, then you should not take the test unless you think you will pass it.

· To Take the Test or not, that is the question?
· What are Field Sobriety Tests?
· Horizontal Gaze Nystagmus (HGN)
· Walk & Turn
· One Leg Stand
· Counting Backwards (not a validated test)
· Alphabet (not a validated test)
· Finger Count (not a validated test)
· Stationary Balance (i.e. Rhomberg) (not a validated test)
· Field Test Realities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New DUI Laws
Effective Nov 1, 2011

If you refused to take the breath or blood test or the result was a .15 or higher BAC, you may be required to install an ignition interlock device on your car for two years. If you have prior license revocations, you may be required to install an ignition interlock device on your vehicle for up to 8 years. Contact our office at 405-231-5600 now to see if these new laws apply to you. Remember, we must take action within 15 days of your arrest to prevent license suspension.

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