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 […]
Intoxilyzer 8000
James M. Wirth, Esq.
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.
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 […]
James M. Wirth, Esq.
The Oklahoma Supreme Court has been asked to review a case that could stop DUI drivers license revocations in Oklahoma until the Board of Tests for Alcohol and Drug Influence promulgates rules related to calibration of the Intoxilyzer 8000 breathalyzer.
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 […]
James M. Wirth, Esq.
A January 28, 2014, Oklahoma Supreme Court decision makes it difficult — if not impossible — for the state to continue revoking drivers licenses based on evidence provided by the current generation of breath analysis machinery. Currently anyone arrested for DUI in Oklahoma who blows a .08 or more (or refuses to blow) has their […]
James M. Wirth, Esq.
An Ohio appeals court ruling this month delivered a severe body blow to a breathalyzer machine now being used in Oklahoma DUI cases to infer blood alcohol levels in drivers suspected of driving under the influence. A judge ruled the results from the Intoxilyzer 8000 are “not scientifically reliable.” In Ohio – as has been […]
