BAC Tests in Oklahoma DUI Cases

DUI Defense Attorneys Prepared to Contest BAC Test Results in Oklahoma

Impairment due to alcohol can be difficult to judge. For this reason, the government uses “blood alcohol content,” or BAC, as a basis on which to judge how impaired a driver is. BAC is an imperfect metric, as the numbers can mean different things when applied to different people. If you are arrested on suspicion of DUI and subject to BAC testing, however, the police may use the test results as strong evidence against you and aggressively pursue a conviction. 

Being arrested for DUI and being convicted for DUI are not the same thing. There is still the opportunity to ask the right questions about your arrest, your BAC tests, and the circumstances surrounding your case. It just comes down to preparation.

The side that prepares more thoroughly for a case tends to achieve better results. It’s a philosophy that has driven our team at Hunsucker Legal Group since 1997. We aim to ask the right questions, look into every available statement and piece of evidence, and walk up to the negotiating table and into the courtroom better prepared than the prosecution. Put simply, our experienced and results-driven DUI defense lawyers are prepared to fight to obtain the best possible outcome in your case, no matter your BAC test results.

Our attorneys understand how to effectively challenge the results of BAC tests in Oklahoma DUI cases. Schedule a free case evaluation to explore your legal options by calling (405) 544-2992 or contacting us online.

How BAC Impacts a DUI Case

If someone is found guilty of DUI or a DUI-related offense, their BAC plays a substantial role in determining what consequences they face. Whether it’s a financial penalty, jail time, a revocation or suspension of driving privileges, or compulsory attendance at alcohol education programs, they are all determined in part by the BAC at the time of arrest.

A person’s BAC is generally measured at the time of the traffic stop and can be broken down into the following levels:

• BAC of .00%. This is considered baseline sobriety, with no impairment of motor skills or cognitive function.
• BAC of .02%-.06%. This level of alcohol introduces the potential for reduced ability to operate a vehicle, respond to sudden emergencies, or track objects visually. This range falls below the legal limit of .08%. However, those who hold a commercial driver’s license and those under 21 years of age can still be charged with DWI at this level.
• BAC of .07%-.09%. Occupying a range on either side of the legal limit, these BAC levels could potentially see a driver being less able to control speed, brake in time, perceive the road ahead of them, maintain their position in a lane, and process visual hazards. Physically, they may experience impediments in vision, speech, and balance.
• BAC of .1%-.12%. Now exceeding the legal limit, drivers with this level of alcohol in their system could potentially experience a major loss of judgment as well as severely diminished response times to hazards on the road.
• BAC of .13%-.15%. At these levels, a driver could potentially experience a loss of balance and difficulties with vision. Under Oklahoma law, drivers who show a BAC at this level could potentially be subjected to greater fines and more potential jail time if convicted.
• BAC of .16%-.2%. This range of BAC could potentially result in a driver being unable to walk unaided and experiencing a loss of bladder control, consciousness, and overall function.
• BAC of .35%-.4. This extreme level of intoxication could potentially result in loss of consciousness, coma, or death due to respiratory failure.

Keep in mind that these levels are presented as merely estimates and not 100% accurate, as a wealth of factors can affect the impact alcohol has on your system. That said, it’s important to be aware of what the legal limits are and the possible consequences that BAC tests in Oklahoma DUI cases can bring. 

Since no two people are alike, the effects of alcohol on one person can be completely different from the impacts on another.  The actual BAC number is not an accurate reflection of the impairment of any individual, and just because someone is accused of DUI because they had a breath or blood test come back with a random number does not mean that they are guilty. It is a subjective number without objective evidence to support an assertion or assumption by law enforcement.

What Can Affect BAC Results?

While the law sets the legal limit for operating a motor vehicle at a BAC of .08%, that level of intoxication will by no means affect any two people the same way. There are a host of factors that can skew their personal tolerance as well as the results they could see from a BAC test.

These factors include:

• Body mass index (BMI). As BAC tests measure the amount of alcohol in the blood, those with a higher BMI tend to test lower due to their increased size requiring a greater amount of blood in their system. While it’s not the sole factor, those with a lower BMI can test higher than the typical person.
• Biological gender. Differences in metabolism and overall body composition between genders can also have an impact on BAC results. In general, those assigned female at birth have a higher proportion of fat in their body, slowing the absorption of alcohol and resulting in higher BAC readings.
• Metabolism. Just as an individual’s metabolism determines how quickly they process food, it also influences how quickly they process alcohol. The slower the metabolism – whether due to age, liver health, or simply genetic predisposition – the longer it takes to eliminate alcohol from the body.
• Nature of consumption. The rate at which alcohol is introduced to the system can influence BAC results, with rapid consumption of large amounts in a short time skewing results higher than if the same amount had been consumed slowly. In addition, taking in food along with the alcohol can slow its absorption into the bloodstream, lowering BAC.
• Tolerance. Some individuals, whether through a quirk of genetics or through frequent consumption, simply tolerate alcohol better. Their bodies metabolize it more quickly, they feel fewer physiological effects, and they demonstrate lower BACs after consuming the same amount as someone of equal size.

How We Can Challenge BAC Test Results 

While blood and breath tests for BAC are the standard for measuring a driver’s impairment, they are not always accurate. With so many mitigating factors involved, providing accurate results in measuring BAC requires the utmost precision, professional analysis, and rigorous testing. Contesting everything from the way samples were handled to the precision of the equipment to the qualifications of those administering the tests can provide opportunities to refute the results.

There are many reasons a BAC test might return inaccurate results, including:

• Equipment issues. No technology works perfectly every time, and that includes the devices used to measure blood and breath. These devices require precise calibration and regular maintenance to perform accurately and must be utilized properly during testing to measure an individual’s true BAC. Any issues with maintenance, operation, or calibration can render the results useless. Even certain types of testing equipment and testing protocols have an intrinsic margin of error that can be challenged.
• Personal physiology. As we outlined above, the means by which we measure BAC are not one-size-fits-all, and a person’s unique physiology can play a huge part in affecting their results. A person’s BMI, metabolic rate, overall health, and individual tolerance can all cause higher readings than most. Additionally, some medical conditions can affect results, including diabetes and gastroesophageal reflux disease (GERD).
• Improper handling. Blood and breath samples can be easily compromised if not handled carefully or if allowed to be contaminated. For breath tests, an improper collection of the sample can skew results, as can the presence of contamination from alcohols like mouthwash. For blood tests, samples must be handled and stored correctly, or the alcohol present will not ferment, increasing the measured BAC beyond what was present at the time of the arrest. For both blood and breath tests, a delay between the time of the arrest and the time of testing can cause discrepancies between actual and measured BAC.

Junk Science and BAC Testing

Within the legal context of a challenge to BAC results, “junk science” is a term that references evidence or scientific methods that are unreliable, inherently flawed, or lack the discipline required by science. Beyond simply questioning the results, this is a way to examine every step in the process of measuring BAC.

A few questions we typically ask when evaluating BAC tests in Oklahoma DUI cases include:

• Was there scientific validation? The methods used to measure BAC must be rigorously validated and subjected to intense scrutiny. Otherwise, it casts serious doubts over the reliability of the tests and the accuracy of their results.
• Were adequate testing protocols in place? Certain standard testing protocols that law enforcement agencies use to test blood and breath have been heavily criticized within the scientific community. If they fail to account for potential error sources, such as interference and physiological factors, their results can be disputed.
• Was the technology used outdated? Like any technology, the science used in measuring BAC is constantly evolving. Law enforcement can be slow to evolve along with it, leaving them using equipment that is outdated, unreliable, and ultimately inaccurate.
• Was the test sufficiently transparent? If law enforcement cannot or refuses to disclose details about the methodologies of their testing or the algorithms and calculations employed to determine BAC, it can nullify the ability of independent experts and defense attorneys to scrutinize the process. Full transparency is required to facilitate accurate results.

Our attorneys are here to help, even when you receive a BAC test result that puts you in a difficult position. We are available 24/7, so don’t wait to call (405) 544-2992 or contact us online.