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Oklahoma criminal defense lawyer Tag

Is It Legal for the Police to Destroy My Breath Sample?

Is It Legal for the Police to Destroy My Breath Sample?

Charges of driving under the influence implicate legal issues from proper handling of evidence to confessions to warrants. In California v. Trombetta, 467 U.S. 479 (1984), the United States Supreme Court considered whether releasing the air from breath samples after analysis violates the accused’s right to examine any potentially exonerating evidence. Trombetta involved several defendants arrested for driving under the influence, taken to a police station, and given breath tests. After they took the breath tests and the police analyzed and recorded the results, the police opened the breathalyzer chamber and purged out the air inside. The same is done for...

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Is It Legal to Arrest Me for DUI When I Was Sitting in a Parked Car?

Is It Legal to Arrest Me for DUI When I Was Sitting in a Parked Car?

In Oklahoma, you do not have to be driving a car to be arrested and convicted for DUI. Even “sleeping it off” while parked in a parking lot or driveway is enough. Oklahoma law is very specific about when you are in control of a vehicle, as you may be a danger to yourself or others if you make the decision to drive drunk. Specifically, the law states that you are guilty of DUI if you are under the influence and you “drive, operate, or [are] in actual physical control of a motor vehicle within [Oklahoma], whether upon public roads, highways,...

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Sobriety Checkpoints in Oklahoma

Sobriety Checkpoints in Oklahoma

Oklahoma law enforcement uses sobriety checkpoints to help locate intoxicated or impaired drivers. These checkpoints, also called roadblocks or mobile checkpoints, slow down and inconvenience sober drivers, but Oklahoma law enforcement point to checkpoints’ efficacy in prevention and deterrence for the general public. Sobriety checkpoints usually occur temporarily and in random locations, although law enforcement does publicize the locations of checkpoints ahead of time. At checkpoints, police or highway patrol stop drivers and briefly detain them to check driver’s licenses and sometimes ask a few questions such as “where are you driving from tonight?” The police are looking for signs of...

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How Politics Affects DUI Laws

How Politics Affects DUI Laws

Utah lawmakers recently agreed to lower Utah’s blood alcohol limit for drivers to 0.05%. The decision highlights a national trend toward extreme enforcement of drunk driving steered by politicians, rather than voters. Indeed, some Utah voters believe that the bill, which was primarily supported by non-drinking Mormons, is a step in the wrong direction. Other countries have low BAC limits Oklahoma’s recent voter ballot initiative that reduces drug possession charges from felonies to misdemeanors and its upcoming ballot question about legalization of medical marijuana may indicate that the state’s voters are at odds with state lawmakers on how stringent DUI...

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Do I Have the Right to a Jury Trial for a DUI Charge?

Do I Have the Right to a Jury Trial for a DUI Charge?

In Oklahoma, people charged with DUI felonies and misdemeanors have the right to a jury trial. The number of jury members varies, however, depending on the charge. You should understand when you have the right to a jury and when you might want a bench trial (in front of only a judge) instead. The Oklahoma Constitution states that the right to a trial by jury is “inviolate,” except in civil cases where the amount in controversy is $1,500 or less or in criminal cases with potential fines of $1,500 or less. Oklahoma Constitution, Section II-19. In criminal cases in which the...

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Oklahoma Laws on Marijuana

Oklahoma Laws on Marijuana

Oklahoma laws on marijuana could change dramatically if voters approve State Question 788, which would legalize use of medical marijuana in the state. Currently, possession of any marijuana is a misdemeanor and is punishable by a $1,000 fine and less than one year of imprisonment for a first offense. Penalties increase for subsequent offenses or if you are on probation when you are arrested. Oklahoma made big changes to its drug possession laws that went into effect on July 1, 2017, but charges for marijuana remain a misdemeanor. However, in 2018 voters will consider State Question 788. The question, if approved,...

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Common Myths about Breath Testing

Common Myths about Breath Testing

Even law enforcement officers, prosecutors, and defense attorneys persist in believing several common myths about breath testing. This article explains why those myths are incorrect and how the truth could assist in defending a DUI. Myth: Belching and Vomit Do Not Affect Breath Test Results. Some people think that burping, belching, vomiting, and indigestion do not have a significant effect on breath tests results. Science has shown that this idea is fundamentally incorrect. Vomit, gas, and residual mouth alcohol all can contaminate breath specimens, leading to elevated readings of blood alcohol content from a breathalyzer. Mason & Dubowski, Breath as a Specimen...

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Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?

Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?

In Oklahoma, the fact that a drug is legally prescribed is not a defense to a charge of driving under the influence. Just because your doctor prescribed you a medication does not mean that you cannot be considered legally intoxicated while using it. However, determining whether you were incapable of safely operating a motor vehicle is more difficult than when only alcohol is involved. The DUI laws in Oklahoma include prohibitions against driving while “under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle”. 47 O.S. §...

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Oklahoma’s Penalties for Repeat DUI Offenders

Oklahoma's Penalties for Repeat DUI Offenders

Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect. Second Offense                        If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your...

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Intent in DUI and Possession Cases

Intent in DUI and Possession Cases

People use the word “intent” in criminal cases all the time, but many do not realize that not all crimes require a showing of intent. For example, Oklahoma DUI laws have no intent requirements. As a result, it does not matter whether you intended to drive drunk. You can still be convicted of DUI. However, possession in Oklahoma does have an intent element – you must knowingly have possession. The intent requirement is known in criminal law as the mens rea. If a crime requires no mens rea – no general and specific intent – it is called a strict liability...

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