Defending the Oklahoma DUI Breath Test in Court

Oklahoma law enforcement officers are not authorized to administer chemical BAC tests based simply on a traffic stop. Police must first have sufficient cause to believe you were driving or in actual physical control of a vehicle while under the influence before they may place you under arrest for DUI or APC.

Oklahoma’s Implied Consent law is triggered once you are placed under arrest, and the officer will read you a statement that asks if you will submit to a chemical (breath, blood, or urine, though breath is the most common) test to determine your blood alcohol content. Although you do have the option to refuse, it is generally better to take the test.

Are chemical BAC tests 100% accurate?

The short answer is, absolutely not. Breath testing machines must be meticulously maintained and operated by an officer who is certified to do so. If maintenance of the machine has not been properly recorded in the maintenance log, the validity of the test may be called into question.

When administering a breath test, officers are supposed to give very specific directions and follow ordered procedures. If the administering officer does not instruct you properly and follow all the prescribed guidelines, the results of the test may be skewed.

Factors That May Skew a Breath Alcohol Test

The breath testing machine is supposedly designed to detect alcohol from the deepest part of your lungs. Residual alcohol in your mouth, which does not give a true representation of your blood alcohol content, can mix with the breath sample and cause a higher BAC reading. This is known as mouth alcohol. If you burp, cough, or throw up prior to taking the test, the administering officer is supposed to wait for a prescribed period of time before allowing you to blow into the machine. Failure to do so can skew the test result and possibly render it invalid.

The Hunsucker Legal Group

If you have been charged with DUI in Oklahoma and submitted to a breath test, call the Hunsucker Legal Group in Oklahoma City. We help hundreds of clients every year obtain positive results in their DUI cases. Our attorneys are extremely knowledgeable in the technical aspects of BAC breath testing and are ready to fight for you to obtain the best possible outcome in your case.

Call 405-231-5600 today to schedule a free, no-risk case consultation with one of our experienced attorneys today.