Oklahoma Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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US-02216BG
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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

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.

You do have the right to refuse the test; however, you should keep in mind that prosecutors often like to present a refusal as evidence that the driver knew he or she was over the limit. The only time you may be forced to take a BAC test is if you were involved in an accident in which serious injury or death occurred.

Oklahoma statute provides a person may be guilty of DUI if operating a motor vehicle upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwelling.

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.

Am I required to take a Breathalyzer test? In Oklahoma, you are required to take a chemical test like the Breathalyzer to determine your blood alcohol content (BAC) if you are arrested for driving under the influence (DUI).

If an officer asks you to submit to one, the best response is, ?Am I required to take this test?? The correct answer is ?no.? However, if the police officer still tries to persuade you into taking the test, politely state that you would like to speak to an attorney before deciding.

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 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.

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Oklahoma Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI