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Update on Intoxilyzer Issue

Posted by Alan Woodland | Apr 28, 2013 | 0 Comments

We've successfully challenged results from the Intoxilyzer 8000 breath test and have had its results excluded as evidence in both criminal and civil proceedings.  There are two main issues. The state is unable to show the Intoxilyzer 8000 is properly maintained as mandated for lack of a maintenance procedure. The Board of Tests (BOT) has not promulgated maintenance procedures for the 8000 since approving its use for breath testing in OK.
And, the gas cyclinder/canister the 8000 is equipped with is not identified as an approved 'simulator' with a known ratio of nitrogen and ethanol. The BOT is behind on this issue as well.

Both issues are critical in evidential breath testing. If a breath test result is to be allowed in evidence to convict, it simply must be a result of methods used to illicit an 'accurate' result. The state has appealed the last of these victories and we have filed our response brief. The appellate courts will decide the matter.

We're working on these issues and others. If your case included a breath test, it is a candidate for this challenge.

About the Author

Alan Woodland

Alan devotes 90% of his practice to DUI Defense in Oklahoma. "I know what to look for and how to defend against it."

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