Ruling Could Allow Drivers With DUIs To Keep Their Licenses

Tuesday, September 27th 2016, 7:51 pm
By: News On 6

An Oklahoma Supreme court ruling could mean drivers accused of driving under the influence won't have to give up their driver's licenses.

The decision could potentially cost the state millions of dollars to fix. 

Defense attorneys and prosecutors weighed in on what that could mean for Oklahoma DUI cases.

The September 26, 2016, ruling by the Oklahoma Supreme Court says the Intoxilyzer 8000, a device used to estimate blood alcohol content from a breath sample, isn't approved for use in the state. 

Bruce Edge of Edge law firm in Tulsa represents people accused of driving under the influence. 

"So if you got a DUI yesterday, what does that mean for you? It means they're not going to be able to take your drivers license based on that breath test," Edge said. 

However, the ruling does not impact criminal cases just yet and only applies to an arrest by the Department of Public Safety.

Edge said the decision on criminal cases is not as clear. 

John David Luton is a Tulsa county prosecutor and he said while the ruling could impact some DUI cases, it may not be the Hail Mary suspected drunk drivers are looking for.

"That doesn't necessarily affect our ability to prosecute criminal cases based on a DUI," Luton said. "There are very few cases where just the breath test itself is relied upon, solely, to make a determination as to a person's intoxication or impairment."

So, what does that mean for you when you're on the road?  

Right now that's unclear but some are uneasy knowing drivers accused of drinking and driving will be getting behind the wheel.