Tulsa Attorney Blog 3 Posts Tagged 'breath tests in Oklahoma'

• Court Declines to Review Case that Invalidated Oklahoma DUI Breathalyzer Tests

  By James M. Wirth, Esq., September 27th, 2016

  State Failed to Adopt Valid Intoxilyzer 8000 Rules The Oklahoma Supreme Court on Sept. 26, 2016 declined to review the Oklahoma Court of Civil Appeals decision in a drivers license revocation case that effectively – should – make breath test evidence from the current generation of breathalyzer machines inadmissible in Oklahoma DUI cases. It might […]

• Speedy Trial Violations Void Drivers License Revocations in Oklahoma DUI Arrests

  By James M. Wirth, Esq., September 2nd, 2016

  The Oklahoma Court of Civil Appeals decided year-long delays before DUI drivers license revocations hearings amount to speedy trial violations. While Oklahoma DPS says the delays are the result of budget constraints, the agency is also awaiting the Oklahoma Supreme Court’s possible review of a decision that undermined the agency’s reliance on a current generation of breathalyzers. The Intoxilyzer 8000 is used to gather evidence for drivers license revocations and for DUI criminal cases.

• Oklahoma Appeals Court Rejects Intoxilyzer 8000 Breathalyzer Results

  By James M. Wirth, Esq., September 22nd, 2014

  Decision Could Affect Oklahoma DUI Prosecutions The state’s highest criminal appeals court has driven another nail in the coffin of the Intoxilyzer 8000 breathalyzer used in Oklahoma driving under the influence cases. Unfortunately, this robocop machine might be counted among the undead. Here is why. The Oklahoma Court of Criminal Appeals on Sept. 11, 2014 […]