How to Challenge a Breathalyzer Test in Oklahoma

If you’ve been arrested for driving under the influence and you took a breathalyzer test that showed your blood alcohol content (BAC) was above the legal limit, the test will be one of the state’s key pieces of evidence against you. But what if you really weren’t under the influence? What if there were other factors at play? You’re probably wondering how to challenge a breathalyzer test in Oklahoma—and whether it’s a good option for you. Here’s what you need to know.

Understanding How a Breathalyzer Works

A breathalyzer measures the amount of alcohol in your breath to estimate your BAC. It works by analyzing the breath you exhale, converting the alcohol molecules into a measurable electrical current that gives a BAC reading. While this may sound straightforward, breathalyzers need to be carefully maintained and calibrated to get accurate results. They must also be operated by someone who’s been properly trained.

Breathalyzers aren’t foolproof. The results may be inaccurate if they haven’t been cared for or calibrated correctly. Poor maintenance, improper administration, and even outside factors like what you’ve eaten lately can affect the result. In some cases, challenging a breathalyzer test can be a key part of your defense.

How to Challenge a Breathalyzer Test in Oklahoma

Before challenging a breathalyzer test in Oklahoma, it’s important to have an experienced DUI attorney on your side. To build your defense, they’ll ask the following questions about your case.

Did the Officer Have the Right Qualifications?

Breathalyzer tests must be administered by a properly certified law enforcement officer. In Oklahoma, officers are required to complete specific training in how to operate a breathalyzer device correctly to get a Breath Alcohol Operator Permit. If the officer who gave you the test didn’t have this permit or wasn’t up to date on their training, they might not have administered the test properly. That means your attorney could call the results into question.

Did the Officer Follow Proper Procedure?

Even if the officer was certified, it’s important they followed the correct procedure when administering the breathalyzer test. For example, they have to make sure there’s nothing in your mouth and observe you for at least 15 minutes before giving the test to confirm you didn’t eat, drink, or vomit, which can affect the results. They should also use a properly maintained device, ask you to blow into the breathalyzer correctly, and follow state procedures for documentation. If the officer didn’t follow any part of the procedure, your attorney could challenge the breathalyzer test.

Was the Breathalyzer Calibrated Correctly?

Calibration is a process for adjusting a breathalyzer so that it gives correct readings based on set standards. A breathalyzer must be calibrated regularly to ensure it works accurately, and the state must keep records of when each device is calibrated. The officer should also be sure to set the device to its neutral, calibrated state immediately before they administer it. If the breathalyzer used in your case wasn’t calibrated properly or if the state doesn’t have the necessary records to prove it was, this could weaken the prosecution’s case and help your defense.

More Options for Your DUI Defense

Investigating how to challenge a breathalyzer is a part of any good DUI defense in Oklahoma. However, it isn’t an option in every case. If your attorney doesn’t find any holes in the state’s administration of the breathalyzer, they might use one of the following defense strategies instead.

Challenging the Legality of the Traffic Stop or Search

Police officers must have a valid reason, known as reasonable suspicion, to pull you over in the first place. If the officer didn’t observe any clear traffic violations or signs of impaired driving before stopping you, your lawyer could argue that the stop itself was unlawful.

They also need probable cause to search your car or ask you to take a breathalyzer. For example, if you’re pulled over simply for running a stop sign, they can’t just make you take a breathalyzer. But if they smell alcohol on your breath or see an open container in your car, that’s probable cause. If the arresting officer didn’t have reasonable suspicion or probable cause, your attorney can challenge any evidence gathered after the stop, including the breathalyzer results.

Pleading to a Lesser Charge

In some cases, especially for first-time offenders or those with a relatively low BAC, your attorney might negotiate with the prosecution to reduce the charge from DUI to a lesser offense, such as reckless driving. This strategy can help you avoid the more severe penalties associated with a DUI conviction, like long license suspensions or higher fines. It may also help you keep the DUI off your criminal record.

Arguing for a Deferred or Suspended Sentence

If you’re convicted of DUI or your attorney thinks it’s in your best interest to take a plea deal, you still have options to minimize the impact on your life. With a deferred sentence, your punishment is postponed or waived if you meet certain conditions, such as attending alcohol education courses, paying fines, or completing community service. A suspended sentence also allows you to avoid jail time if you comply with court-ordered requirements. These can be good options for first-time offenders and those who can show the court they’re serious about their recovery.

Start Building Your DUI Defense

Challenging a breathalyzer test can be a complex process, but an experienced DUI attorney will know how to evaluate your case and determine if the test can be contested. Your lawyer can help you build a comprehensive defense, whether it involves challenging the breathalyzer, questioning the stop, or negotiating a lesser charge. For the best chance at a positive outcome, contact the Oklahoma DUI Guy today for a free case evaluation and start building your defense.