Six Ways to Challenge Breath Test Results in an Oklahoma DUI Case

Tracy Tiernan - January 7, 2020 - Criminal Defense, DUI

If you were pulled over for driving under the influence in Oklahoma and your breath test registered above .08, it can be easy to fall into the trap of thinking that there is no way to defend your case. In actuality, even if you registered above the state’s legal limit, there are still several ways to challenge breathalyzer results. If you can establish that these test results are not reliable, they cannot be used against you at a later date. While the following reviews some of the ways you can challenge these results, one of the best first steps that you can take after being charged with a DUI is to retain the services of an experienced criminal defense attorney.

A Medical Condition Caused the Test Results

While breathalyzers can provide reliable results, some medical conditions, like gastroesophageal reflux disease and having a high ketone level, can lead to skewed breathalyzer results. If you can establish that you had a medical condition at the time of your DUI stop, you likely can create a strong argument that your test results are not an accurate reflection of your blood alcohol content level.

Medication Caused the Test Results

Certain medications can cause breathalyzer results to appear as if a person was intoxicated. Some of the medications known to skew breathalyzer results including asthma medications, oral pain medications, and several other over-the-counter medications. If you had recently taken any of these medications at the time of your DUI stop, you can raise a strong defense.

The Breathalyzer Device Was Not Properly Calibrated

To continue performing reliably, breathalyzers must be routinely maintained. If there are no records to establish that the breathalyzer was properly maintained, you can likely create a strong argument that the breathalyzer was not performing reliably.

Law Enforcement Did Not Properly Administer the Test

Even if a breathalyzer is correctly calibrated, the device can still register a defective reading if it is not properly administered. Law enforcement officers must be adequately trained on how to use the device, and failure to do so can serve as the basis for a strong defense.

Law Enforcement Officers Failed to Testify

The Sixth Amendment grants each person the right to confront any witnesses, which includes law enforcement officers who perform a DUI stop. If the officer does not testify in your case, you can argue that you were denied your constitutional right to cross-examine. This can serve as the basis for a strong challenge to the reliability of breathalyzer results.

Your Blood Alcohol Content Increased After Being Stopped

A person’s blood alcohol content will continue to rise even after he or she has finished drinking alcohol. In Oklahoma, a person must be observed for at least 15 consecutive minutes before a breath test is administered. If law enforcement took longer to administer the breathalyzer test, a person might be able to argue that their blood alcohol content only rose above the legal limit after that individual was stopped.

Contact an Experienced Criminal Defense Lawyer Today

If you have been charged with driving under the influence in Oklahoma, it is important to remember that there are still ways to defend your case. Contact DUI attorney Tracy Tiernan today to schedule a free case evaluation.