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Breath Tests

When a driver is suspected of a DUI or DWI, law enforcement may require him/her to take a breathalyzer test.  A breathalyzer is a machine used to determine how much blood alcohol content (BAC) is in the driver’s system. Evidential breath testing are usually not done at roadside but at a jail or detainment center.  Oklahoma is preparing to use the Intoxilyzer 8000 - the newest breath testing device on the market - and this new machine can be used at roadside.  How much of this use will have to be watched.  The currently used machine - the Intoxilyzer 5000 - can not be used at roadside. In most cases, law enforcement officers fail to disclose that breath tests are mandatory in hopes of gathering more evidence to use against the driver.

 In the State of Oklahoma, law enforcement officials almost exclusively use a machine called the Intoxilyzer 5000. Breathalyzer machines measure alcohol concentration in the deep lung region called the “alveoli.” The concentration of alcohol in this region of the lungs is thought to correspond to the level of alcohol in the bloodstream. So in theory, a person’s breath will approximately reflect the alcohol content in his/her bloodstream.

Breath Testing do not always give accurate readings. Factors like radio frequency interference, calibration errors, human error, and non-alcoholic particles in the breath that are mistaken for alcohol, are all causes of error. Furthermore, pre-existing medical conditions can also affect the accuracy of a breath testing device. If you are asked to take a breathalyzer test, you may request to THEN take a blood test, which is a much more accurate. Our attorneys always tell our clients to request the blood test after taking a breath test.

When a person is arrested on DUI charges after taking a breathalyzer test, the results of the test are commonly used as evidence against the driver in court. Furthermore, when a person is arrested for a DUI, his/her driver’s license is immediately seized and procedures are begun by the State to have it revoked or suspended. A person only has 15 days from the date of the arrest to STOP this revocation from occurring.

Individuals arrested and charged with a DUI will face harsh legal penalties if convicted in court. A person convicted of a DUI may face imprisonment, heavy fines, suspension or revocation of his/her driver’s license, rehabilitation, community service, or even capital punishment if the DUI caused the death of another person.

If you have been arrested on DUI charges after failing a breathalyzer test, it is important to talk to a skilled criminal defense attorney immediately. If you decline a breathalyzer test and are arrested for it, an experienced attorney can help you decide what legal steps to take next. The expertise of a DUI defense attorney can drastically improve your chances in a court of law.

The Law Offices of Sifers & Sifers have successfully represented many clients charged with a DUI after failing abreathalyzer test in Oklahoma. The Law Offices of Sifers & Sifers are committed to providing expert legal advice, using aggressive negotiation tactics, and fighting on behalf of their clients to ensure the best legal care possible. If you are in need of an experienced DUI defense attorney in Oklahoma, call the Law Offices of Sifers & Sifers today!

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Address: Court Plaza Building   Suite 950, 228 Robert S. Kerr   Oklahoma City, OK 73102   Phone: (405) 232-3388