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Oklahoma DUI attorney Tag

27 July
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What Is Drug Court in Oklahoma?

Posted by Clint
in Blog
What Is Drug Court in Oklahoma?

Oklahoma counties have drug court programs that the courts use as an alternative to traditional criminal court. The programs establish treatment requirements instead of jail time and probation for drug offenders. Who Can Go to Drug Court? Certain people who plead guilty or are found guilty of non-violent drug-related felonies may attend drug court by applying to a county program. Defendants must agree to participate in drug court instead of traditional sentencing. Offenders who successfully complete the drug court program will not serve jail time. Drug court is not like a criminal court that evaluates evidence and hears cases. In drug court,...

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25 July
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Can the D.A. Use Evidence of Your Prior Arrests Against You?

Posted by Clint
in Blog
Can the D.A. Use Evidence of Your Prior Arrests Against You?

When you are in court for a DUI or a drug crime, you may be concerned that the D.A. will use evidence of your prior arrests against you to secure a conviction. If you were arrested for the same crime previously, you may fear that your previous arrest will be used to show that you committed the crime this time. You will be glad to learn that Oklahoma has limitations on how evidence of previous arrests and convictions can be used in court. Often previous arrests have no relevance to a later arrest, because arrests do not mean that you were...

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20 July
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DUI or Drug Arrest While You Were Asleep

Posted by Clint
in Blog
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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18 July
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Over-Serving Alcohol: Is It a Crime in Oklahoma?

Posted by Clint
in Blog
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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16 July
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Do You Need Insurance to Get Your License Reinstated After a DUI?

Posted by Clint
in Blog
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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06 July
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Update on Collins v. Virginia: The Supreme Court Ruling

Posted by Clint
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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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