A recent decision by the Oklahoma Supreme Court can have a serious impact on your case if you have an open or pending Oklahoma DUI and/or driver's license case.
The Impact of the Court's Decision
On September 26, 2016, DUI attorney Brian Morton won a long standing case against the Oklahoma Department of Public Safety. He challenged the Board of Tests’ procedures for approving breath-testing devices used in DUI cases after the Oklahoma Supreme Court, by a 7-2 decision, denied to hear the case (*Sample v. DPS* DL-113871).
By refusing to hear the case, the Oklahoma Supreme Court effectively upheld the ruling of the Oklahoma Court of Civil Appeals, which said that the Oklahoma Board of Tests did not follow proper procedures. Based on the decision, the breath tests used in all open or pending Oklahoma DUI and driver’s license cases are not legal, and therefore invalid - Morton states the number of such cases is in the thousands.
Additionally, the blood tests used during the same timeframe are also potentially invalid, impacting not only suspended license cases, but possibly the criminal case attached to the DUI as well.
About Oklahoma DUI Laws
According to Oklahoma DUI Laws, a driver arrested while drunk driving or driving under the influence faces both a criminal case (with a set of DUI penalties) and a separate license revocation action by the Department of Public Safety as per Oklahoma driving laws.
About DUI Breath Tests
Last year, Oklahoma County Special Judge James Croy ruled the Board of Tests wrongly approved the gas cylinder which ensures the breath test is accurate. Judge Croy also found the Board of Tests wrongly allowed its director to approve the mouthpiece used for the breath test device.
It was discovered the Board of Tests has been aware of the problem since April 2015, yet chose not to correct the faulty procedures in approving the mouthpiece and gas cylinder used with the Intoxilyzer 8000, the breath test device used by the whole of law enforcement in the state of Oklahoma. The result of this invalidates an additional 18 months of tests.
The breath test machine will not be available until proper procedures are implemented, which can be a lengthy process.
If you have been charged with a DUI, contact an Oklahoma city criminal defense attorney to find out if your case is among the thousand that could be revoked.