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Oklahoma DUI lawyer Tag

Jailhouse Informants: A Hidden Risk After Your Arrest

Jailhouse Informants: A Hidden Risk After Your Arrest

If you have never heard of jailhouse informants, then you face a hidden risk after a drug or DUI arrest. Unfortunately, secret informants in Oklahoma jails and prisons could hurt your case without you even knowing. What Is a Jailhouse Informant? A jailhouse informant is someone in jail or prison who is hoping to get a deal from the district attorney by gathering information from other inmates. Some people refer to the use of jailhouse informants as the “snitch system”. In exchange for their information and possibly their testimony, jailhouse informants may expect to receive (and sometimes do receive): Sentence reduction; Leniency...

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Did the Police Officer Pull You Over Illegally?

Did the Police Officer Pull You Over IllegallyDid the Police Officer Pull You Over Illegally?

In a DUI case, lawyers sometimes can build a defense because the police illegally pulled over the driver. If the judge buys the argument that the traffic stop was illegal, all evidence gathered during the stop is inadmissible in court. Here are some common reasons that stops are against the law. No Reasonable Suspicion or Probable Cause for the Traffic Stop or Arrest Unless you are in a special situation such as a DUI checkpoint, the police officer who pulls you over must have either reasonable suspicion or probable cause for the stop. Reasonable suspicion exists if the officer has an...

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Yet More Problems with Breathalyzers: Latest Updates

Yet More Problems with Breathalyzers: Latest Updates

Yet more problems with breathalyzers have emerged in recent news reports from Massachusetts. The stories reveal two different, but sadly common, issues facing defense lawyers and their clients with DUI charges. Improper Calibration of Breathalyzers First, improper calibration of breathalyzers dating all the way back to 2011 was discovered by a group of defense lawyers starting back in 2015. The lawyers learned that the specific model of breathalyzer used by the police was not calibrated to the proper range, affecting the expected margin of error for the devices. This range is narrower than in other states, and the police had not...

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Avoiding Self-Incrimination After a Drug or Alcohol Arrest

Avoiding Self-Incrimination After a Drug or Alcohol Arrest

After you have been arrested on drug or alcohol-related charges, you must take care to avoid self-incrimination. Ideally you should talk to a lawyer about your rights as soon as possible after arrest. In reality, it may be days or weeks until you can secure representation. In the meantime, here are some tips. Oversharing Is Bad for Your Case When all your friends and family communicate using social media, your first instinct may be to post about your arrest or message everyone for advice. Avoid doing this at all costs. The prosecutor can and often will find out about your social media...

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Field Sobriety Tests: What You Need to Know

Field Sobriety Tests What You Need to Know

You have probably heard about field sobriety tests that police officers give suspected drunk drivers during traffic stops. Beyond walking in a straight line and touching your finger to your nose, there is much more to know about the Oklahoma standardized field sobriety tests (SFSTs). Which Tests Do Police Officers Give? The police in Oklahoma give three SFSTs to drivers: the Horizontal Gaze Nystagmus Test (“Pen Test”), the Walk and Turn Test, and the One Leg Stand Test. During the Pen Test, the officer stands in front of the driver with a pen and moves it back and forth in front of...

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When Prescription Meds Lead to a Drug Arrest

When Prescription Meds Lead to a Drug Arrest

In Oklahoma, even legal use of a prescription medication can lead to a drug arrest. The strict laws here state that any impairment caused by prescription meds could give police grounds to arrest you if you are driving. Oklahoma law prohibits driving while intoxicated and driving while impaired by certain substances. There are two laws that explain the prohibitions. One says that 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” is illegal. 47 O.S. § 11-902. Prescription drugs could be intoxicating substances. In...

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Do You Have to Answer a Police Officer’s Questions?

Do You Have to Answer a Police Officer’s Questions?

When you get pulled over at a traffic stop or brought in to the police station, the police officers will ask you a variety of questions. You do not have to answer any of these questions if you decide not to do so. The Fifth Amendment to the U.S. Constitution protects you. What Is the Fifth Amendment? The Fifth Amendment states that no one “shall be compelled in any criminal case to be a witness against himself … without due process of law”. This means that police officers cannot force you to answer questions, because you might incriminate yourself by answering. The...

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Should You Take a Breathalyzer Test at a Traffic Stop?

Should You Take a Breathalyzer Test at a Traffic Stop?

When you are pulled over in a traffic stop by a police officer, you may wonder if you should take a breathalyzer test or if you should refuse the test. This is a tricky question that depends on your feelings about the consequences of refusal. Implied Consent Law For many years, Oklahoma has had an implied consent law for refusing a BAC (blood alcohol concentration) test such as a breathalyzer or blood test. If you are driving a vehicle on public roads or if you are in actual physical control of such a vehicle, then you impliedly give consent to take a...

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DUI Car Chase: The Risks You Face

DUI Car Chase: The Risks You Face

Drivers who get chased by the police and are also accused of impaired driving face serious consequences if convicted. In Oklahoma, these charges could lead to many years of prison time and expensive fines – especially if anyone was hurt or it was not the driver’s first offense. The Risks of a Car Chase Car chases can lead to many problems for drivers: Many different legal charges against them The threat of lengthy prison time Expensive fines Probation The requirement to attend a drug and alcohol rehab program When police have to chase a driver down, the legal charges multiply quickly. Charges can...

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Can Ketosis from a Low-Carb Diet Really Skew Breath Test Results?

Can Ketosis from a Low-Carb Diet Really Skew Breath Test Results?

It is possible that ketosis from a severely low-carb diet could skew breath test results. The reason lies in the science of how your body generates energy and the science of how breathalyzer tests work. What Is Ketosis? When people switch to a diet that is very low in carbohydrates, their bodies no longer have enough carbs to convert into glucose for energy. Instead, their bodies turn to fat for energy. The human body can break down fat, but it produces waste products called ketones when it does so, during a process called ketosis. To get rid of the ketones, the body...

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