Tens of thousands of breath tests used in hearings to revoke Oklahoma driver's licenses after DUIs are invalid.
The problem lies with testing machines used throughout the state.
"The issues in this case, specifically, was the canister and the mouthpiece. They were not properly approved, so they were using unapproved equipment," said attorney Bruce Edge.
The Oklahoma Supreme Court decided not to take up the state’s appeal of a lower court ruling saying rules to approve the testing equipment weren’t followed. Edge said the state Board of Tests for Alcohol and Drug Influence knew about the problem last April.
"Rather than correcting it then, they said, 'Let's wait and see what the decision is.' That leaves us 15 months or so of additional tests that are going to be in play," Edge said.
The tests are used not only during the administrative hearings where licenses are revoked, but also in the criminal portion of DUI cases. The board of tests, however, sent law enforcement agencies a memo telling officers to prepare as though there won’t be breath test results at trial.
Edge said criminal cases being dismissed because of the invalid tests is not a sure bet.
"It very well could, but each case is different. There's a lot of facts in each case, so I can't tell you for sure it would win the criminal case. It sure helps," Edge said.
The breath test ruling could extend to blood tests, too.
