Oklahoma Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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Multi-State
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US-02205BG
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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

Here in Oklahoma, as in Tennessee, field sobriety tests are optional. Your refusal to submit will not give the officer additional grounds to arrest you. Even if you submit to the test and pass, you can still be arrested for a DUI?so why take the chance or give the officer additional information to use against you?

If you fail to request the hearing within 15 days of your arrest, you will automatically lose your driving privileges.

Additionally, Oklahoma's implied consent law means that all drivers on Oklahoma's roads give their implied consent to submit to chemical testing to determine if they are driving under the influence.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

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.

As part of the Drunk Driving Prevention Act, Oklahoma's strict zero tolerance law makes underage drinking and driving a criminal offense. A conviction or deferred sentence for any of the following will result in license revocation and mandatory interlock: Any amount of alcohol found in the system of a driver under 21.

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Oklahoma Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI