Oklahoma Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

State:
Multi-State
Control #:
US-02161BG
Format:
Word; 
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

DUIs Away From Home An out of state DUI leads to a whole host of legal complications. In Oklahoma, the chief complication is that the state can only suspend a person's right to drive in Oklahoma. Our state can suspend licenses issued here, but do not have the legal jurisdiction to suspend licenses from other states.

If you refuse the test, the arresting officer will fill out an Officer's Affidavit and Notice of Revocation/Disqualification. This form states that you refused the test and also notes the exact language you used to refuse. This is why it is a good idea to remain calm and polite when dealing with police officers.

Generally, you can expect to have your license revoked for a minimum of six months up to a maximum of two years. The duration of your suspension will increase if this is a repeat offense. You will also be required to complete Oklahoma's Impaired Driver Accountability Program.

If you decline the breathalyzer test, the Oklahoma Department of Public Safety will suspend your driver's license for a minimum of 180 days. This suspension can last as long as three years. Additionally, an ignition interlock will be installed on your vehicle.

Immediately after an arrest for DUI or APC, the Oklahoma Department of Public Safety will start civil administrative proceedings against you to suspend your Oklahoma driving privileges.

The Oklahoma DUI statute actually specifies that having a prescription is not a defense to a DUI-Drug charge. Common illicit drugs that can lead to DUI include all illegal drugs like cocaine, ecstasy/Molly, and methamphetamine.

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Oklahoma Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI