Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

Courts have begun to question chemical testing for DUI charges

On Behalf of | Nov 18, 2021 | DUI - Drunk Driving |

There are people who think that they can’t fight driving under the influence (DUI) charges because of the chemical evidence collected by law enforcement. Even when people strongly believe that breath test results aren’t accurate, they may think that trying to defend themselves is a hopeless pursuit.

Many people facing impaired driving charges successfully fight back against those charges, sometimes by undermining the evidence such as the breath test results. In recent years, scientific improvements and journalistic research have shown how unreliable chemical breath testing may actually be.

A recent decision by a judge in another state highlights why test results alone should not make someone give up hope.

A Massachusetts judge wants the state to stop using chemical breath tests

In an announcement that garnered national attention, a Massachusetts criminal law judge recently ordered a temporary halt to the use of chemical breath tests in drunk driving criminal charges. In Massachusetts, they call such offenses OUI or operating under the influence.

Concerns about the science behind testing units themselves and also the way that state authorities have managed the tests led to a district court judge entering a sweeping order. Claims by a defense attorney challenging the accuracy of breath test software and issues with the facilities that maintain the testing units led to a judge deciding that a comprehensive review was necessary to protect the rights of criminal defendants.

Those already charged with a drunk driving offense when they knew they were not drunk will not feel surprised to learn about how the accuracy of breath tests has recently come under fire in American courtrooms. When someone fails a breath test, it is still possible to successfully defend against the charges that result, possibly by challenging the test results.

A DUI is not an offense that results in a slap on the wrist

In addition to concerns about chemical evidence, many people choose to plead guilty to first-time drunk driving charges in Oklahoma because they assume the consequences will be minor. In reality, DUI convictions can affect everything from your freedom to your finances to your professional licensing.