Tulsa Attorney Blog 4 Posts Tagged 'DUI breath tests'


  • Sweeping 2017 Oklahoma DUI Law Overturned

    By James M. Wirth, Esq., December 19th, 2017

    The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI – and police enforcing DUI laws – with regard to the procedure for contesting drivers license revocations after DUI arrests.

  • Oklahoma Supreme Court Finds Speedy Trial Violation in DUI License Revocation

    By James M. Wirth, Esq., March 16th, 2017

    The Oklahoma Supreme Court handed down speedy trial guidelines for DPS drivers license revocation hearings, suggesting the hearings must be scheduled within 60 days after DPS receives a request for a hearing. But DPS has been notoriously reluctant to accept its losses. While the new precedent could pave the way for streamlined hearing process, we anticipate the DPS docket will remain clogged with cases the Supreme Court would likely dismiss but DPS will more likely refuse to let go until told to do so by a superior court.

  • No New Rules Sought for Breathalyzer Tests in Oklahoma

    By James M. Wirth, Esq., January 7th, 2016

    Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision […]

  • 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 […]