Question: What are some common defenses for failed breath tests in Oklahoma?
Answer: By failed breath test I’m going to first reference that we are talking about a test over the legal limit. Many things affect that: temperature, body composition, was a person absorbing or eliminating at the time of the test? Female versus male, there is a difference; there are many physiological differences that affect the test. Temperature—one degree of temperature will cause as much as a 9% variance in the testing. So there are numerous, numerous things that go on with the test from a body standpoint. Then there are numerous issues with the testing process, the mechanical part of the testing.