The Patterson Law Firm


This is a really good question and a question that I receive often from clients. The best way to answer this is that you simply get what you pay for. There are many attorneys in the Tulsa area that will tell you that they can defend all manner of cases and they will range from $1000 to $10,000. Simply put, this is what we specialize in. Clint Patterson goes to conferences all over the country getting specialized training in how to defend these cases and gets fantastic results on a daily basis in the Tulsa area. Don’t leave your defense to amateurs, hire the best.
A DUI is a very complicated case and there are very technical aspects to a DUI defense. Our firm is specially trained in recognizing deficiencies in the investigation and testing in DUI prosecution. First, the police at the scene will use the Standardized Field Sobriety Tests - these are the roadside tests that are given to determine if you’ve had too much to drink. The police have a very specific policy regarding these tests and must give them exactly the same way every time. Clint Patterson is instructor-level certified in the SFSTs. This testing is used to determine probable cause for DUI arrest. Frequently police officers make mistakes when using this testing. We are trained to find the mistakes that the police make in this regard and can result in the dismissal of your DUI.
Typically, a normal DUI case in the Tulsa area will take anywhere from two to six months to resolve. Every case is different and depending on the issues that we find in the investigation of your particular case that can affect the length of time it’s going to take.
This is one of the top questions that I receive on a daily basis when dealing with people arrested for DUI. The best way to explain the driver’s license situation is for you to understand that there are two separate cases going on when you are arrested for a DUI. The criminal case is completely separated from the driver’s license case that you have with the Department of Public Safety. If you tested over the legal limit and were arrested for DUI, the Department gave you a notice of suspension of your driver’s license. That needs to be dealt with within 15 days of arrest. We will ask for an administrative hearing and fight the suspension of your driver’s license. We do this often and we often win. It is very important to deal with your driver’s license case immediately. If you wait past the 15 day period, we lose the right to have the administrative hearing forever – even if the law changes regarding DUI or DUI arrest or the testing and we won’t have the ability to challenge your driver’s license suspension if you wait longer than the 15 days.
In Oklahoma, a first DUI is filed as a misdemeanor it carries up to one year in jail and up to $1000 fine. A DUI becomes a felony after you’ve had a previous DUI. If you plead guilty to a previous DUI, the case will likely be filed as a felony which raises the risk to up to 5 years in prison and up to a $2500 fine. There are all sorts of other risks that come along with a felony. You need to contact a DUI professional immediately if you are stopped for a DUI and ask as many questions as you can.
You should hire attorney immediately when you’ve been arrested for a DUI. Here’s why: you have 15 days to request an administrative hearing to get your license back – that needs to be done immediately. Also there are several things that can be done by a DUI professional in investigating the probable cause for stop and the testing that was done to find the probable cause for your arrest. Additionally, a DUI professional will also ask for the dashcam video and the recordings of the officer when making the arrest. Sometimes these records are not available if you wait too long to hire an attorney. You’re going to be required to hire an attorney if you have been charged with a DUI, you should hire one immediately.
The SFSTs are a battery of tests used by the police to determine whether you are intoxicated. It’s a battery of three tests: the Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One-Leg Stand Test.

First, the Horizontal Gaze Nystagmus Test or as most call it, the ‘Pen Test’, is the test where the officer stands in front of his subject with a pen and moves it back and forth in front of the person’s eyes. This isn’t an eye test. It’s looking for a very particular response from the subject. The officer is looking for what’s called nystagmus. Nystagmus is defined as involuntary jerking in your eye. If the officer moves the pen in front of the person’s eyes and the person follows the stimulus, your eyes won’t be able to follow correctly if you’ve had anything to drink. The HGN test is used to detect head injuries and isn’t just used in sobriety tests; it’s really not a great test to determine whether someone is intoxicated. The officers use it and often don’t use the test correctly or test for all the things that it requires. You need to hire and talk to a DUI specialist immediately to determine whether the police did this test correctly.

Second, the Walk and Turn Test is a balance test and a divided attention test. It is used on the side of the road and the officer will give the subject a command and instructions to walk an imaginary line. It’s typically 11-13 steps, heel to toe; then the person turns and comes back and counts their steps at the same time. The officer is grading things in the subject that the subject has no idea are being graded. They are looking for eight specific things that the subject can do that supposedly show intoxication. You need a DUI specialist to know what the officers are looking for and determine if they have graded this test correctly.

The One Leg Stand is the final test in the three-test battery. The person will be instructed by the officer to stand on one leg with the other leg extended in front approximately 16-18 inches off of the ground. The subject will be instructed to count up to 30 while they keep their balance and listen to the officer’s commands. The officers are looking for four specific clues for intoxication in this test. Again, you need a DUI specialist to know if this test was being graded correctly, whether the officer instructed the subject correctly, or whether you passed or failed this test.

The National Highway Safety Administration is the administrative agency that requires these tests to be given and also issues the parameters and the policies under which they are given. They determined that all three of the battery of tests need to be given in order to have an indication of whether the person is intoxicated or not.

If you’ve been arrested for a DUI in Oklahoma, experienced attorneys at the Patterson Law Firm are available to talk to you about your case anytime – call (918) 895-8200 today to find out how the team can help you get the result that you deserve.