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Oklahoma DUI Breath Test Defenses

Of the three blood alcohol content (BAC) tests, the breath test is used most often by Oklahoma law enforcement. Unfortunately, there are a number of factors that could lead to an inaccurate breath test reading. Medical conditions, faulty machines and improper testing procedures are just a few things that could affect your result.

Most Common Breath Test Defenses

The breath test machine is a complicated piece of equipment. To ensure it is in proper working order, the police must maintain and calibrate it on a regular basis. The first thing a DUI defense attorney will do is request the machine's logbooks to see if the proper maintenance and calibration guidelines were followed. If not, your test results may be challenged.

Breath test machines are known to confuse mouth alcohol with deep lung air. If you have dental work that traps alcohol in your mouth, or acid reflux which pushes alcohol gases up from the stomach, the breath test may grossly overestimate the amount of alcohol in your system.

Officers are supposed to be trained on the proper way to administer a breath test, including watching you for a 15-minute period before the test (to ensure that you do not get sick or ingest anything that could affect the results) and ensuring you blow into the tube for the proper amount of time. If your attorney can establish that the officer was not trained properly—or did not adhere to the correct protocol—your test results could be suppressed.

Let a DUI Defense Attorney Review Your Test

The defenses listed above are just a sample of the factors that could get your breath test results thrown out. The attorneys at the Edge Law Firm know there are even more defenses that can be used against the breath test in order to help your case. For a free evaluation of your case, please complete our form now or call the Edge Law Firm at (877) DUI-EDGE or (918) 582-6333.

Oklahoma DUI Laws