Oklahoma Court of Civil Appeals recently decided 6 combined cases regarding the validity of the breath test affidavit. Tulsa attorney Bruce Edge of Tulsa and Oklahoma City attorney John Hunsucker combined forces to bring this issue to a head
Because of their action—ALL breath tests and refusals where the affidavit was printed on the Intoxilyzer 8000 are invalid. This decision was handed down on October 9, 2013. DPS had known of the issue for several years but took no action to correct it. Within a matter of hours of the decision being issued, emails went out to all operators instructing how to correct the issue for future tests.