Intent in DUI and Possession Cases
People use the word “intent” in criminal cases all the time, but many do not realize that not all crimes require a showing of intent. For example, Oklahoma DUI laws have no intent requirements. As a result, it does not matter whether you intended to drive drunk. You can still be convicted of DUI. However, possession in Oklahoma does have an intent element – you must knowingly have possession.
The intent requirement is known in criminal law as the mens rea. If a crime requires no mens rea – no general and specific intent – it is called a strict liability crime. Even if you had no intention of doing the act that is a crime, you can still be convicted of a strict liability crime. Murder, for example, does require an intent to kill, but drunk driving does not. Drunk driving in Oklahoma simply requires that you are driving, operating, or in actual physical control of a motor vehicle and that you are intoxicated.
Possession of controlled dangerous substances requires that you knowingly have direct physical control over a thing at a given time or knowingly have the power and the intention at a given time to exercise dominion or control over a thing. OUJI-CR 6-11. Just being near to CDS does not lead to liability; instead, you must be aware of your possession. Oklahoma also recognizes a charge for possession with intent to distribute. This charge does require that the prosecutor show your intent to distribute the CDS to other people. Without a showing of intent, you cannot be found guilty for possession with intent to distribute.
In possession cases, defendants can argue that they did not knowingly possess the CDS. Perhaps someone planted it in their house or a friend left it in their car. Establishing intent likely will be a hurdle for the prosecution. In DUI cases, no such hurdle exists. But just because DUI is a strict liability crimes does not mean that you cannot mount a defense. For example, you could argue that you were not driving, operating, or in actual physical control of a motor vehicle (e.g., if you were leaning against the vehicle and did not have keys to it).
To learn more about mens rea and strict liability in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.