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DWI Tag

Breathalyzer Technology: Still Unreliable?

Breathalyzer Technology: Still Unreliable?

Doubts about breathalyzer accuracy continue to circulate in the DUI defense community and have led to successful court strategies for defendants. There are two main ways that defense attorneys challenge breathalyzer results: by questioning calibration and maintenance procedures and rules, and by questioning whether the machines, even properly calibrated, produce accurate results. Courts have repeatedly found problems with the way police departments maintain breathalyzers and with the rules governing calibration and maintenance. See our previous blogs on this topic. Further, courts continue to order manufacturers to release source code for breathalyzer devices to defense attorneys. A recent case from Washington state...

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DUI or Drug Arrest While You Were Asleep

DUI or Drug Arrest While You Were Asleep

Police find a man asleep in a car on the side of the road and arrest him on suspicion of DUI. They find another man sleeping on the sidewalk next to a used syringe and several bottles of pills and arrest him for drug possession. Both men remain unconscious throughout their arrest, transport, and booking, waking up the next morning in jail cells. You may wonder if this is legal and how the prosecutor can prove crimes were committed if the men were asleep. DUI Arrest While Asleep Even sitting in a car while under the influence of alcohol or drugs, or...

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Over-Serving Alcohol: Is It a Crime in Oklahoma?

Over-Serving Alcohol: Is It a Crime in Oklahoma?

In Oklahoma, over-serving alcohol to intoxicated people is a crime that could result in felony charges. Law enforcement and prosecutors charge bartenders with this crime fairly frequently. Often charges result when an intoxicated person leaves the bar and drives drunk or is hit by cars. Currently, two different Oklahoma laws prohibit over-serving. One law makes it a misdemeanor for retail establishments that can sell low-point beer (beer with a low alcohol content) to knowingly and willfully sell low-point beer to an intoxicated person. 37 O.S. § 37-247. Agents and employees of the retail establishment can be prosecuted, as well as the...

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Do You Need Insurance to Get Your License Reinstated After a DUI?

Do You Need Insurance to Get Your License Reinstated After a DUI?

After you get arrested for suspected DUI, you may have your driving privileges revoked and need to get your license reinstated along with new insurance. If you fail a breathalyzer or blood test, or if you refuse a test, the officer or the Oklahoma Department of Public Safety will give you a piece of paper explaining license revocation. This document acts as your driver’s license for 30 days. When that 30 day period expires, the DPS will revoke your driving privileges. For a first offense DUI, the revocation lasts 180 days. You can request an administrative hearing in the first 15...

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Update on Collins v. Virginia: The Supreme Court Ruling

Update on Collins v. Virginia: The Supreme Court Ruling

In a recent blog, we discussed the Collins v. Virginia case, which was pending before the Supreme Court of the United States at the time. The Supreme Court just issued its written opinion on May 29, 2018. To recap, the case drew into question whether police officers can search the driveway of a house without a warrant due to the automobile exception to the warrant requirement. The police located a motorcycle sitting on the defendant’s driveway under a tarp and believed that the distinctively painted motorcycle had been reported stolen. They went up the driveway and took the tarp off, found...

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Finding the Right Criminal Defense Attorney for Drug Charges

Finding the Right Criminal Defense Attorney for Drug Charges

If the prosecutor has charged you with committing a drug crime, your search for the right criminal defense attorney should start now. You have a narrow window of opportunity to find someone who will investigate, mount a strong fight against the charges, and obtain a result that helps you. Does the Attorney Know the System? Ask the attorney about his or her experience fighting drug charges for clients. How long has he or she been practicing, and what did he or she do before practicing law? Finding a lawyer who worked as a prosecutor or district attorney, or even in law enforcement,...

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Drug Tests and How Long Drugs Stay in Your System

Drug Tests and How Long Drugs Stay in Your System

In Oklahoma, drivers pulled over for suspected DUI may receive a drug test. Driving under the influence of drugs is illegal, and if law enforcement suspect you have been using drugs they can request a test. Oklahoma DUI-D (driving under the influence of drugs) laws are extremely strict. If you are caught driving with any amount of a Schedule I controlled dangerous substance in any bodily fluid, you can receive a DUI-D charge. In addition, you can receive a DUI-D charge if you are driving while under the influence of any intoxicating substance. Intoxicating substances include the various controlled substances listed...

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What Is an Oklahoma DUI Clinical Assessment, and Why Do You Receive One?

What Is an Oklahoma DUI Clinical Assessment, and Why Do You Receive One?

Many drivers make it a priority to get their licenses back after revocation because of a DUI. In Oklahoma, those convicted of driving under the influence who have their licenses revoked usually must complete a DUI clinical assessment and any intervention recommendations first. The DUI clinical assessment is also called an ADSAC assessment. ADSAC stands for Alcohol and Drug Substance Abuse Course. How Do I Get an ADSAC Assessment? Locate a certified ADSAC assessor through the Oklahoma Department of Public Safety, Department of Mental Health and Substance Abuse Services, or your DUI defense lawyer. Schedule an appointment for an ADSAC assessment or...

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What Can You Expect at a Victims’ Impact Panel?

What Can You Expect at a Victims’ Impact Panel?

Drivers who operated a vehicle under the influence of drugs or alcohol in Oklahoma may receive a variety of interventions, including a victims’ impact panel. If you have to attend a victims’ impact panel (VIP), you may not know what to expect. Come prepared by learning about the panel’s purpose. Why Do I Have to Attend a VIP? When trying to get your driver’s license back, you may have to take a DUI assessment, also called an ADSAC assessment. The ADSAC assessor will recommend interventions for you. Successful completion of the interventions will allow you to get your driving privileges reinstated. Of...

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Boating Under the Influence Is a Crime in Oklahoma

Boating Under the Influence Is a Crime in Oklahoma

Yes, boating under the influence of alcohol or CDS is a crime in Oklahoma. Most people are familiar with DUIs when driving cars and trucks on the road, but fewer know about Oklahoma’s “BUI” law. Using the threat of boating under the influence charges, law enforcement have cracked down on consumption of alcohol near waterways in recent years. The boating under the influence law prohibits boat operators from having a blood alcohol concentration (BAC) of 0.08 or more. In 2011, the BAC limit went from 0.10 to 0.08. The boat operator must be aboard the boat and have a BAC over...

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