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 […]
breath tests in Oklahoma
James M. Wirth, Esq.
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.
James M. Wirth, Esq.
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 […]