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Lawsuit will allege DPS violated procedures regarding inadmissibility of breath tests

Lawsuit will allege DPS violated procedures regarding inadmissibility of breath tests

  • Updated

A lawsuit to be filed Tuesday will allege that two state agencies illegally adopted emergency rules in response to the Oklahoma Supreme Court’s upholding of a ruling that resulted in the inadmissibility of DUI breath tests as evidence.

Edge Law Firm of Tulsa and Hunsucker Legal Group of Oklahoma City announced they plan to file the suit in Oklahoma County. Named as defendants are the Department of Public Safety and the state Board of Tests for Alcohol and Drug Influence, which oversees the breath-testing process.

The two firms in recent years have brought multiple actions against DPS regarding the administration of DUI breath tests. In September, the state Supreme Court upheld a lower court ruling that the machine used in these tests was not a properly approved device.

The decision resulted in all breath tests conducted in Oklahoma being inadmissible.

According to a news release from the law firms, the Board of Tests adopted rules during an emergency session in October in an “attempt to correct their prior mistakes.” The suit alleges that the agencies did not follow the proper procedures in adopting the rules.

The most significant allegation involves failing to inform the Oklahoma secretary of state of the open meeting, which would be a violation of the state’s Open Meetings Act.

Bruce Edge said he will host a news conference about the lawsuit at his Tulsa firm’s offices Tuesday afternoon.

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