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12 July
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Choosing the Right DUI Attorney

Posted by rainmakeradmin
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Choosing the Right DUI Attorney

Choosing the right DUI attorney may be the difference between freedom or jail time, so take the time to carefully select someone who will help you navigate the legal system. You may feel frantic, stressed, pressed for time, or depressed in the aftermath of a DUI or DWI arrest, but take a step back while you find an attorney. You will want to collect paperwork, meet with attorneys or their staff, and evaluate your options. Collect Paperwork Before you meet with any attorneys, gather relevant paperwork in one place. Find the police report, if you have a copy, your bail papers, other...

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10 July
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The “Intoxicating Substance” in Oklahoma

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The “Intoxicating Substance” in Oklahoma

Oklahoma’s laws against drunk driving also prohibit driving under the influence of any intoxicating or controlled substance. In this article, learn what these substances are and why driving while using them is akin to driving while using alcohol. Oklahomans using any amount of a Schedule I controlled substance while operating a motor vehicle can be charged with a crime. 47 O.S. § 11-902(A)(3). Some examples of controlled substances are: opiates, LSD, marijuana, amphetamines, heroin, codeine, and more. 63 O.S. § 2-204. Notably, Oklahoma just amended its definition of marijuana to exclude federally approved cannabidiol (CBD) drugs or substances. Oklahoma H.B. 1559...

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07 July
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Do Hospitals Have to Report DUI Patients?

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Do Hospitals Have to Report DUI Patients?

If you arrive at the hospital for treatment and a test shows that your blood alcohol is over the legal limit, does the hospital have to report you to law enforcement? This is the question posed in a recent Oregon case, and the court answered “yes”. Oklahoma does not have the type of “mandatory reporting” statute in effect in Oregon, but in some cases doctors may feel an obligation to inform law enforcement anyway. In the Oregon case, a statute required health care facilities to notify law enforcement of patients with over 0.08 alcohol concentration or a controlled substance in their...

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05 July
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DUIs for Oklahomans Under Age 21

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DUIs for Oklahomans Under Age 21

Oklahomans under 21 years old face stiff consequences for driving under the influence of alcohol and being convicted of a DUI. Since laws differ significantly for underage DUIs from DUIs for people over 21, this article explores some of the key information an underage person facing a DUI charge should know. In Oklahoma, as in the rest of the United States, it is illegal for persons under age 21 to purchase or consume alcohol. As a result, Oklahoma law makes it illegal for a person under 21 to have “any measureable quantity of alcohol in the person’s blood or breath” within...

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03 July
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Challenging Oklahoma Blood Test Results in Court

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Challenging Oklahoma Blood Test Results in Court

If you had your blood tested after a DUI traffic stop in Oklahoma, you may be wondering how to challenge the blood test results in court. Generally, blood tests have fewer calibration and procedural problems than breath tests, but there are still defense strategies to explore. In Oklahoma, the blood test must be administered in accordance with the testing laws, including 47 O.S. § 752. Only an authorized person, such as a doctor, nurse, physician’s assistant, or other employee approved by the hospital can draw your blood. This person must receive a written order authorizing blood withdrawal. For example, a law...

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30 June
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Devices Used for Breath Tests: Are They Accurate?

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Devices Used for Breath Tests: Are They Accurate?

Oklahoma law enforcement officers administer breath tests to suspected drunk drivers, but the accuracy of those tests has been questioned repeatedly. Determining whether breath tests are accurate requires an understanding of what device is used, how it works, how it is maintained, and how tests are administered. The breathalyzer used in Oklahoma is called the Intoxilyzer 8000, an older model in use for over 10 years in the state. Breathalyzers like the 8000 work on a light absorption theory. You breathe into the end of the device and your breath is captured in a chamber. A light bulb that emits infrared...

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28 June
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Key Oklahoma Court Decision Calls Breathalyzer Results into Question

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Key Oklahoma Court Decision Calls Breathalyzer Results into Question

After the Oklahoma Civil Court of Appeals called into question whether pieces of a breathalyzer device used on a DUI defendant were properly approved, thousands of other breath tests could be questioned. The decision became final when in mid-2016, the Oklahoma Supreme Court refused to hear the case. However, the full impact of the court’s findings in Sample v. State, 2016 OK CIV APP 62 has yet to be assessed. In brief, the defendant challenged the procedure used to approve use of two pieces of the breathalyzer. The device used was the Intoxilyzer 8000. Instead of being approved by the State...

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26 June
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Are Standardized Field Sobriety Tests Legal in Oklahoma?

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Are Standardized Field Sobriety Tests Legal in Oklahoma?

A recent court decision and changes to Oklahoma law have called into question whether Standardized Field Sobriety Tests (SFSTs) are really “legal” or “accepted” in Oklahoma. While law enforcement officers still administer the tests, defendants frequently question their reliability and their administration in court as part of a DUI defense strategy. SFSTs are field tests administered on the roadside at a traffic stop to drivers suspected of driving under the influence of alcohol. Usually, the tests used are approved by the National Highway Traffic Safety Administration (NHTSA). The basic tests are: the Horizontal Gaze Nystagmus, the Walk and Turn, and the...

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23 June
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Refusing to Take a Sobriety Test in Oklahoma

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Refusing to Take a Sobriety Test in Oklahoma

While you may refuse to take a breath or blood test for the presence of alcohol in Oklahoma, there are consequences to refusal. The Oklahoma laws about refusing these tests specify exactly what happens if you refuse one of these two sobriety tests. First, anyone who operates a car or other vehicle on public roads in Oklahoma has given “implied consent” to taking a breath or blood test for alcohol concentration. 47 O.S. § 751. You do not have to be driving a car to give implied consent – if you are sitting in a parked car and your breath smells...

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21 June
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Sobriety Test Evidence at Trial

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Sobriety Test Evidence at Trial

In Oklahoma, sobriety test evidence generally is admissible at trial. However, the validity of this evidence and of expert opinions on a driver’s intoxication can be challenged on a number of grounds. For example, tests may not have been administered correctly, equipment may be flawed, or experts may not be qualified to testify. Admission of Testimony Regarding SFTSs Although Standardized Field Sobriety Tests administered on the roadside to a suspected drunk driver are generally accepted nationwide, the highest Oklahoma criminal court has said that they are not true scientific tests. Anderson v. State, 2010 OK CR 27, 252 P.3d 211. In response,...

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