Oklahoma DUI Cases Could Be Thrown Out Over Breathalyzer Controversy

An Oklahoma Supreme Court decision will likely affect some pending 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.

"They never created a procedure that puts down in writing to say 'this is how it's supposed to be done,'" Fabian said.

Fabian feels the 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.

"We have a high level of confidence in the instrument," said Board of Tests Director Kevin Behrens.

Fabian thinks 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.