DUI Breathalyzer FAQ
Should I blow?
Any experienced Oklahoma DUI Defense Attorney will tell you whether to blow for the Intoxilizer or not depends on the circumstances. There are two separate issues at play when deciding to blow for the breath test or not: 1) your criminal case & 2) your DPS administrative case. In order to fully understand your options, you need a Fierce Advocate with experience defending DUI cases across Oklahoma.
If you take the breath test two results can occur; your breath blood alcohol content will blow below or above the legal limit according to the machine.
“Passing the breath test”, blowing below the legal limit for Blood-Alcohol content (BAC) can certainly help your case; however, it does not mean you will be released to go home. You can be arrested and charged by the police based on the officer’s determination that probable cause evidence exists that you committed a DUI. Surprisingly, you can be prosecuted and jailed based solely on the officer’s observations.
“Failing the breath test” or blowing above the legal limit for Blood-Alcohol content (BAC) will result in you being arrested and likely charged with DUI. This evidence gives the prosecutor additional ammunition to prosecute your DUI case. You and your chosen criminal defense attorney will be tasked with disproving the BAC test result and other evidence of DUI. Fighting a DUI case is more difficult with a BAC test result with a high alcohol volume.
The administrative aspect of your case involves your “privilege” to drive; notice I did not say “right to drive.” DPS is the Oklahoma state agency tasked with handling driving privileges in the State of Oklahoma.
- “Passing the breath test” for driver’s license purposes will result in no action being taken against your driver’s license.
- “Failing the breath test” will force you to fight to save your driver’s license. You can still challenge aspects of the stop and arrest before DPS; however, failing the breath test makes this process more challenging.
- Refusing the take the state’s test will make challenging the stop more difficult before DPS; however, the legal basis for the stop, subsequent police conduct, and your arrest can still be challenged.
Unfortunately, as you can see, there is no one right or wrong answer on taking the state’s test or breathalyzer. This decision can be easier by deciding, which issue is more important to you: your DUI case or your driver’s license. Fortunately, with experienced DUI defense counsel you have the potential to win both cases regardless of your choice to blow or not blow.
Blowing certainly makes it easier to keep your driver’s license; however, it may give the prosecutor in your criminal case more evidence. You alleged BAC or level of alcohol consumption can change these decisions and the strength of the government’s case as well.
Experienced DUI Defense Lawyer in Oklahoma
Contact CANNON & ASSOCIATES in Oklahoma City for your DUI or APC defense. You have the right to the presumption of innocence. Our team will be your Fierce Advocate and will use our experience and respected reputation to do everything possible to reach the best possible outcome in your DUI or APC case including fighting your case in jury trial. A conviction for DUI or APC may have long lasting effects and penalties on your freedom or driver’s license. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association and a Super Lawyer.
Contact CANNON & ASSOCIATES today if you have been charged with DUI, APC, Aggravated DUI, DWI, or DUI under 21 in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 657-2323 for a free confidential consultation and case evaluation.
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