Facebook

Twitter

LinkedIn

 

driving under the influence Tag

Oklahoma Diversion Programs

Oklahoma Diversion Programs

Oklahoma has some diversion programs available for first-time offenders that can reduce the amount of jail time to be served for a DUI. These programs may be required by the court as part of a deferred or suspended sentence. Diversion programs aim to help alcohol or drug offenders get treatment and keep people out of jail. They also reduce second offenses and saves the public money. However, failing to successfully complete a diversion program can result in adverse consequences such as jail time or a conviction being entered on your record. DUI offenders generally attend drug and alcohol counseling as part...

Continue reading

Facing a Possession of Controlled Dangerous Substances Charge

Facing a Possession of Controlled Dangerous Substances Charge

If you have been charged with possession of controlled dangerous substances, you and your loved ones probably have many questions about the charges. Oklahoma's strict drug possession laws carry hefty sentences and fines, so it is important to understand the nature of the charges against you, possible defenses, and the consequences if you are convicted. Controlled dangerous substances are defined in 63 O.S. § 2-204 through 2-212 and include a wide range of drugs and other substances such as heroin, cocaine, marijuana, LSD, and more. In Oklahoma, knowing or intentional possession of controlled dangerous substances (CDS) is illegal. 63 O.S. §...

Continue reading

What Is a DWI in Oklahoma, and Is It Different from a DUI?

What Is a DWI in Oklahoma, and Is It Different from a DUI?

People throw around the terms “DUI” and “DWI” frequently when talking about drinking and driving. But is there a difference between a DUI and a DWI in Oklahoma, and what do those terms mean? DUI means driving under the influence of an intoxicating or impairing substance. DWI means driving while intoxicated or driving while impaired. Sometimes people use DUI to refer to alcohol intoxication, while they use DWI to refer to being under the influence of drugs or other substances. In Oklahoma, these two terms are often used interchangeably. Some people use DUI to refer to a “per se” drunk driving...

Continue reading

Problems with Gas Chromatography in Oklahoma

Problems with Gas Chromatography in Oklahoma

The state of Oklahoma uses gas chromatography to test blood samples for blood alcohol concentration in DUI cases. This article summarizes the chromatography process and some common problems with it that can be raised in court. What Is Gas Chromatography? Gas chromatography (GC) is a scientific test used to separate and analyze chemical compounds, such as alcohol molecules and blood. The test involves injecting a known volume of the driver’s blood into a narrow tube, called a column. The blood sample is swept through the tube by a stream of carrier gas, such as helium. The tube contains a device called a...

Continue reading

The Effect of a DUI on Your Oklahoma Commercial Driver’s License

The Effect of a DUI on Your Oklahoma Commercial Driver's License

Being charged or convicted of a DUI while holding a commercial driver’s license could cost you your license or even your job. To obtain a commercial driver’s license or CDL, you must pass a test and meet higher state-established standards than holders of non-commercial licenses. Similarly, the federal government has established higher standards than some states for when a commercial driver loses his license after a DUI. The Federal Motor Carrier Safety Administration sets minimum standards that holders of CDLs must meet. States perform the practical administration of applications, renewal, and reinstatement of CDLs and may set even higher standards for...

Continue reading

DUI Manslaughter: The Consequences

DUI Manslaughter: The Consequences

There is no way around it – killing another person while driving is a very serious crime. If you are in the difficult position of being arrested after hitting someone with your car, you are probably scared about the road ahead. Learning about the charges and sentence you may face should be one of your first steps. In Oklahoma, if you were allegedly driving while intoxicated when you caused the death of another person, you will most likely be charged with first degree manslaughter in addition to DUI charges. Another possible charge is negligent homicide, which requires the prosecutor to show...

Continue reading

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...

Continue reading

Car Accidents and Alcohol: The Legal Consequences

Car Accidents and Alcohol: The Legal Consequences

Many DUI drivers are pulled over without getting involved in an accident. But others cause or are part of serious accidents involving other cars, pedestrians, or property. The legal consequences of these accidents are greater than just a DUI arrest, especially if other people were injured. Drivers under the influence can be charged with crimes beyond DUI or DWI, such as manslaughter, murder, or other crimes. Often the possible sentences for these crimes are much more severe than for a DUI. Drivers who destroy property in an accident may face charges or civil actions as well. In Oklahoma, causing the death of...

Continue reading

Legality of the Car Search in Oklahoma

Legality of the Car Search in Oklahoma

During DUI arrests in Oklahoma, police may be able to legally search the driver’s automobile. But wait – you may say – doesn’t the Fourth Amendment protect people against unreasonable searches and seizures of their property? Yes, and so does Article 2, Section 30 of the Oklahoma Constitution. However, several exceptions apply during traffic stops that could allow police to search your car. Police usually must have a search warrant to conduct an automobile search. If there was no warrant, the courts assume that the search was unreasonable, and the government must demonstrate that the search was reasonable. Otherwise, evidence from...

Continue reading

Choosing the Right DUI Attorney

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...

Continue reading