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DUI Tag

28 June
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Key Oklahoma Court Decision Calls Breathalyzer Results into Question

Posted by rainmakeradmin
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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?

Posted by rainmakeradmin
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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

Posted by rainmakeradmin
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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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19 June
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What Happens to Your Driver’s License with a DUI Charge

Posted by rainmakeradmin
in Blog

If you have been charged with or arrested for a DUI, one of your first questions is probably what happens to your driver’s license. In Oklahoma, you may be able to keep your license with restrictions, but you must take action very quickly after you first have contact with the police. Read on to learn more about the effect of a DUI on your driving privileges. First, if you are 21 or older and your breath or blood test shows a 0.08 alcohol concentration or higher, the law enforcement officer arresting you will seize your driver’s license. The same is true...

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16 June
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What Is a Felony? What Is a Misdemeanor?

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What Is a Felony? What Is a Misdemeanor?

You may have heard that Oklahoma can charge a person with a misdemeanor for his first drunk driving offense. You may have heard about the changes to the Oklahoma statute that voters approved in November, making drug possession a misdemeanor. You may have heard that Oklahoma places people charged with misdemeanors in a different correctional facility than those charged with a felony. But you may be wondering, what really is a misdemeanor, and why is it different from a felony? Generally, a misdemeanor is a criminal offense that is punishable by no more than 12 months in jail. Courts often sentence...

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14 June
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Why Attorney-Client Privilege Matters in DUI Cases

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Why Attorney-Client Privilege Matters in DUI Cases

In Oklahoma, the attorney-client privilege protects communications between you and your attorney. With very limited exceptions, your attorney must keep the content of communications with you confidential. If you have been charged with a DUI in the state, you should be aware of how attorney-client privilege works, what the exceptions to it are, and when it does not apply so you can most effectively work with your lawyer on your case. The Oklahoma statute that defines attorney-client privilege describes it as the client’s “privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the...

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12 June
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Overview of the Oklahoma Criminal Justice System

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Overview of the Oklahoma Criminal Justice System

Understanding the different parts of the Oklahoma criminal justice system will help you understand the progress of your DUI case. In Oklahoma, like in most other states, different types of law enforcement officers and courts handle criminal cases depending on where a person was arrested and the stage of their case. Law Enforcement The Oklahoma Highway Patrol has jurisdiction over all state highways and waterways. Its officers are spread throughout the state. Each Oklahoma county has a sheriff’s department with deputies who patrol the county roads. Sheriff’s deputies may coordinate with police officers in the major cities. For example, in Oklahoma City the...

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09 June
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Your Right to Remain Silent in DUI Cases

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Your Right to Remain Silent in DUI Cases

Your silence could protect you in a DUI case. If you are worried about incriminating yourself when you speak to the police, “plead the Fifth” before or after an arrest. The Fifth Amendment to the Constitution of the United States affords Americans this right, but far too few people know how to use it. The “right to remain silent” part of the Fifth Amendment reads: “No person … shall be compelled in any criminal case to be a witness against himself.” Invoking the right is to refuse to answer a question because its implications and the circumstances under which it is...

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07 June
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Guide to Your First Court Appearance

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Guide to Your First Court Appearance

If you are planning to go to court for the first time, it can be a nerve-wracking new experience. Friends and family members may give you tips, but being prepared for court goes beyond listening to shared stories. By doing a little research and taking the time to prepare, you can help yourself navigate the justice system, whether you are attending court for jury duty, to testify as a witness, or because you have been charged with a crime. First, figure out where and when you are required to appear. If you received a notice in the mail to appear as...

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