Skip to content. Skip to navigation

Tulsa DUI Lawyer | Tulsa DUI Defense Attorney | Drunk Driving Defense Lawyers Tulsa OK

Sections

Breath test challenges

Breath test challenges

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 test 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.


Bruce Edge, Tulsa DUI Lawyer
Board Certified in DUI Defense under ABA guidelines
918-582-6333
1-877-DUI-EDGE
Bruce@EdgeLawFirm.com

Let us relieve this stressful time