- instrument malfunction,
- improper handling by the police,
- your physiological conditions (such as GERD or your diet, both of which are discussed below), and even
- outside environmental factors (such as radio frequency interference, which is also described below).
- dental work trapped small amounts of alcohol-soaked food in your teeth,
- you burped or regurgitated, or
- you suffer from GERD, acid reflux or heartburn (discussed below)...
- Gastroesophageal Reflux Disease (more commonly referred to as "GERD"),
- acid reflux, and
- Blood fermentation,
- improper storage of your blood sample, and
- blood contamination
- storing, and
- it's not a trained technician who draws your DUI blood sample, or
- if the DUI breath testing instrument that you use hasn't been calibrated according to code,
- stop your car,
- detain you to conduct a DUI investigation, or
- arrest you for a Oklahoma DUI,
- red/watery eyes,
- a flushed face,
- slurred speech,
- an unsteady gait, and
- had the odor of an alcoholic beverage on your breath.
- the sun,
- physical injury,
- officer-induced intimidation,
- bad weather conditions,
- poor lighting,
- uneven surface conditions, and
- awkward footwear, such as boots, dress shoes or high heels
13. DUI isn't the only explanation for bad driving
- speeding, and even
- erratic driving
- trying to play a CD, or
- trying to pick up something that dropped, or
- distracted by your passengers.
14. Just because your blood alcohol concentration (BAC) was over the legal limit doesn't mean you were necessarily DUI
- errors in Oklahoma DUI chemical testing equipment,
- errors in obtaining your DUI blood, breath, or (when appropriate) urine sample,
- your medical conditions, and
- when you finished drinking alcohol.
15. There are inherent error rates with Oklahoma DUI chemical testing
- the testing equipment has been properly maintained and calibrated, and
- there aren't any physiological conditions that could adversely affect the test...
16. Oklahoma DUI sobriety checkpoints must adhere to specific legal requirements
- having supervising officers organize and oversee the checkpoint,
- making sure that the field officers follow a predetermined formula for stopping cars, and
- publicly advertising the DUI roadblock.
17. Radio Frequency Interference (RFI) can contribute to a falsely high BAC result
- patrol cars,
- the automatic door-unlocking devices found in crime labs,
- cell phones,
- fluorescent lights, etc...
18. If you're not exhibiting signs of mental impairment, chances are you aren't DUI
- an unsteady gait,
- poor coordination,
- red/watery eyes, and
- slurred speech.
19. Your DUI BAC doesn't accurately reflect your level of impairment
20. You weren't driving
- you were involved in an accident and no one saw you driving the car, or
- if the police found you when you were in your parked car,
21. Even if you were DUI, police misconduct may absolve you of your DUI charges
- DUI police reports must be accurate,
- Title 47 procedures must be complied with, and
- courtroom testimony must be truthful.