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Will New Liquor Laws in Oklahoma Impact DUI Arrests?

Will New Liquor Laws in Oklahoma Impact DUI Arrests?

New liquor laws modernizing Oklahoma’s legal restrictions on sale of alcohol will go into effect in 2018. Consumers welcome the new laws, while liquor store owners are wary of reduced sales. The wider availability of alcohol could impact arrest rates for driving under the influence. First, State Question 792 allows grocery and convenience stores to sell wine and strong beer. Before passage of this law, only liquor stores could sell liquor, wine, and beer with more than 3.2% alcohol. Starting on October 1, 2018, grocery stores and convenience stores can sell wine and stronger beer alongside low-alcohol beer. The Retail Liquor Association...

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Impaired Driving Elimination Act Violates Due Process, Court Says

Impaired Driving Elimination Act Violates Due Process, Court Says

The Oklahoma Supreme Court has declared that the newly enacted Impaired Driving Elimination Act is unconstitutional. Due to go into effect on November 1, 2017, the Act would have virtually eliminated the administrative hearing process for revocation of driver’s licenses, would have made refusal of a breath test illegal, and would have expanded use of ignition interlock devices. A group of Oklahoma attorneys challenged the Act in court last summer, and the court halted implementation of the Act while the legal challenge was pending. Just recently, the Oklahoma Supreme Court issued its ruling declaring that the Act violates due process and...

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Prior Out-of-State DUIs in Oklahoma

Prior Out-of-State DUIs in Oklahoma

Prior out-of-state DUIs factor into sentencing for any DUIs committed in Oklahoma. If you have a prior DUI conviction from another state, learn more about how that conviction could affect your charges and sentence for an Oklahoma DUI. Ordinarily first-time DUI driver in Oklahoma are charged with misdemeanors. With a conviction or a deferred judgment from another state for DUI meeting the Oklahoma DUI requirements, a driver who has never been convicted of DUI in Oklahoma before will be charged with a felony. One exception is if you completed the sentence for your prior conviction more than ten years ago. 47...

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Problems with Identification Testimony in Oklahoma

Problems with Identification Testimony in Oklahoma

There are many ways to challenge identification testimony in court, because eyewitness statements are inherently unreliable tools to establish people’s identities. Numerous studies show that witnesses misidentify people in lineups and in the courtroom for many different reasons. In recent years, challenges to convictions based on mistaken eyewitnesses have resulted in many innocent people freed. Some common problems with eyewitness testimony: Witnesses are distracted by weapons, moving vehicles, or clothing (like a hat pulled down low) Poor lighting at the scene, or poor vision on the part of the witness Stress and anxiety during the crime and afterward Witness bias or...

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