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The Patterson Law Firm

Vehicle Impounded? What to Do Next

Vehicle Impounded? What to Do Next

Many drivers who are arrested for driving under the influence have their cars impounded by the police. “Impound” means that the car is towed by a tow truck to a city or state lot where it is kept until the driver or an authorized representative picks it up and pays the impound fees. Police impound cars because the driver cannot or should not drive them and they will otherwise be parked in possibly unsafe locations on public property. The only ways to avoid impound of your vehicle are 1) to convince a sober friend or passenger at the scene to drive...

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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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The Science Behind Blood Alcohol Urine Tests

The Science Behind Blood Alcohol Urine Tests

Along with breath and blood tests, urine tests can be used by law enforcement officers to measure blood alcohol levels. Scientists have found that urine tests inaccurately measure concentrations of ethanol, but they do show whether alcohol is present. Urine tests can be unreliable for a number of other reasons, but law enforcement continues to use them as an alternative to the more typical breath and blood tests. Urine tests also can show the presence of other drugs besides alcohol. Like for blood testing, laboratories use gas chromatography-mass spectrometry (GC-MS) to detect ethanol levels in urine. Technicians run a sample through...

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Public Defenders and DUIs

Public Defenders and DUIs

Imagine an unfortunate scenario: you are arrested for DUI and realize that there is no way you can afford a private attorney. Maybe you just lost your job, you are on public assistance, or you have been unemployed for a while. A DUI can seem like an insurmountable catastrophe in this situation, and you realize that you have no idea how to get a public defender. What next? The good news is that private attorneys are much more affordable for specialized criminal charges like DUI than most people think. Many attorneys charge flat fees or very reasonable hourly rates, or they...

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New DUI Warranty Service: Will It Protect Drivers?

New DUI Warranty Service: Will It Protect Drivers?

A new DUI warranty service promises drivers a free attorney if they are arrested for a DUI, in exchange for a base fee. For attorneys who already defend drivers accused of driving under the influence, this promise raises many red flags. The DUI Warranty provides an attorney to represent a driver who paid the up-front, $20 fee and is later arrested for driving under the influence. There are a number of catches to this seemingly beneficial service, which advertises itself as “Option 2” – Option 1 being “don’t drink and drive”. First, the service is available only in the Oklahoma City...

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Is Your Professional License at Risk Due to Your DUI Arrest?

Is Your Professional License at Risk Due to Your DUI Arrest?

Your professional license could be at risk due to your DUI arrest or conviction. Depending on your profession and the current rules of your professional licensing board, you may need to report your arrest or conviction. Alternatively, someone may report it anonymously or you may fail a pre-employment check or drug test. As a result, you may have no choice but to participate in extensive monitoring programs, take drug tests, and more. Professional licensing organizations for medical professionals take drinking or drug-related arrests particularly seriously. Nurses and doctors may face required diversion and discipline in their state. For example, in Oklahoma...

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Immigration Status After a DUI Arrest

Immigration Status After a DUI Arrest

If you are not a natural-born citizen of the United States and you are arrested for DUI, you probably have questions about your immigration status. Being convicted for a crime while here on a visa or without papers can have a very serious effect on you. Before your criminal case moves forward, learn about your rights should you be convicted, and determine with the help of an attorney how to fight the charges against you. Visa Holders People who hold visas giving them permission to live and/or work in the United States could have their visas revoked for an arrest or conviction...

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Travelling with a DUI on Your Record

Travelling with a DUI on Your Record

Travelling to other countries and even states could be difficult with a DUI on your criminal record. If you are planning a trip, research your destination to ensure that your travels will be smooth. Each country has its own laws relating to convictions for driving under the influence and other criminal convictions. Some are extremely strict and prohibit entry for certain people depending on their offense. For example, Canada is very strict on admitting people with DUIs, treating a DUI as a serious criminal offense. In all likelihood your DUI conviction will be considered more severe in Canada because the country...

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Can You Be Arrested for Suspicion of DUI?

Can You Be Arrested for Suspicion of DUI?

It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even...

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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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