Could Faulty Breathalyzer Keep You Out of Alcohol School?

by: Mike Miller

Are you sick and tired of guilty offenders getting off on technicalities? I remember hearing about someone getting out of a speeding ticket because the radar gun had not been properly calibrated. Now comes the same possibility with Breathalyzer tests.

An Oklahoma Supreme Court decision will likely affect some pending driving under the influence (DUI) cases in the state. Attorney Stephen Fabian successfully got his client's 2012 Breathalyzer results thrown out.

Fabian argued that the state did not an adequate list of maintenance procedures for their "Intoxilyzer 8000" written down at the time of his client's arrest. He claims that there never has been a procedure created that puts down in writing to say 'this is how it's supposed to be done. Typical legalese from an attorney, right?

This decision will affect dozens of pending DUI cases where the arrest was made before May of 2013. That's when the Board of Tests for Alcohol and Drug Influence listed its maintenance procedures for the Intoxilyzer 8000.

It certainly will garner more attention and fees for Fabian as his firm has at least 40 to 50 pending cases that could be affected. The decision will not impact DUI cases that have already been settled or pleaded out.

There are 164 Intoxilyzer 8000s now being used in the state of Oklahoma. It's the only model used by law enforcement in Oklahoma. What do you think about this?