Sample Case #5

WJ (the same one as in sample case #4) was subsequently arrested in a DUI accident on a highway in north Oklahoma City, totaling his car. He was arrested for DUI in an accident and his license was ordered revoked based upon his alleged refusal of the test. WJ insisted that he had blown in the machine but the officer claimed he had not. The officer wrote up the test as a refusal.

At the administrative hearing, the officer testified that he was blowing "improperly" in the machine and/or was putting his tongue over the mouthpiece, and in any event, had NOT put ANY of his air into the machine. This officer knew LESS about the function of the machine than our attorney cross-examining her. She admitted that the machine was making "tone" during this "improper" blow. The ONLY way a tone can be heard is if there is air being blown into the machine. Under more rigorous cross, she insisted that nothing was wrong with the machine. She had only put on the Log of Tests that he had refused. Our deeper investigation found the computer print-out of the test which showed that the machine had mal-functioned due to radio frequency interference. The officer refused to acknowledge this even when it was shown to her. The DPS restored WJ's license to him . . . again.