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Oklahoma DUI lawyer Tag

New Report Recommends 0.05 BAC Limit

A new report encourages states to adopt a 0.05 blood alcohol concentration limit for drivers accused of driving under the influence. In a study sponsored by the National Highway Traffic Safety Administration, a non-profit group called the National Academies of Sciences, Engineering, and Medicine examined drunk driving fatalities over the past 30 years and the costs associated with enforcement of DUI laws. The National Academies concluded that lowering the BAC limit – making it easier for drivers to be arrested – and changing a host of strategies for combatting drunk driving would lower fatalities. This latest report is far from the...

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Custodial Interrogation During Traffic Stops

Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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What Does an Oklahoma Defense Lawyer Do?

What Does an Oklahoma Defense Lawyer Do?

If you have been charged with a crime, you may be thinking about whether you need to hire a defense lawyer. Many people have questions about what lawyers will do for their case. Defense lawyers work for you, investigate the facts behind the charges against you, determine the best defenses for your case, and argue your case in court. Defense Lawyers Investigate Your Case Criminal defense lawyers investigate the charges filed against their clients to determine important facts for their defense in court. For example, defense lawyers interview witnesses who were at the scene of an accident and talk to friends and...

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Vehicle Impounded? What to Do Next

Vehicle Impounded? What to Do Next

Many drivers who are arrested for driving under the influence have their cars impounded by the police. “Impound” means that the car is towed by a tow truck to a city or state lot where it is kept until the driver or an authorized representative picks it up and pays the impound fees. Police impound cars because the driver cannot or should not drive them and they will otherwise be parked in possibly unsafe locations on public property. The only ways to avoid impound of your vehicle are 1) to convince a sober friend or passenger at the scene to drive...

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Will New Liquor Laws in Oklahoma Impact DUI Arrests?

Will New Liquor Laws in Oklahoma Impact DUI Arrests?

New liquor laws modernizing Oklahoma’s legal restrictions on sale of alcohol will go into effect in 2018. Consumers welcome the new laws, while liquor store owners are wary of reduced sales. The wider availability of alcohol could impact arrest rates for driving under the influence. First, State Question 792 allows grocery and convenience stores to sell wine and strong beer. Before passage of this law, only liquor stores could sell liquor, wine, and beer with more than 3.2% alcohol. Starting on October 1, 2018, grocery stores and convenience stores can sell wine and stronger beer alongside low-alcohol beer. The Retail Liquor Association...

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The Science Behind Blood Alcohol Urine Tests

The Science Behind Blood Alcohol Urine Tests

Along with breath and blood tests, urine tests can be used by law enforcement officers to measure blood alcohol levels. Scientists have found that urine tests inaccurately measure concentrations of ethanol, but they do show whether alcohol is present. Urine tests can be unreliable for a number of other reasons, but law enforcement continues to use them as an alternative to the more typical breath and blood tests. Urine tests also can show the presence of other drugs besides alcohol. Like for blood testing, laboratories use gas chromatography-mass spectrometry (GC-MS) to detect ethanol levels in urine. Technicians run a sample through...

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Public Defenders and DUIs

Public Defenders and DUIs

Imagine an unfortunate scenario: you are arrested for DUI and realize that there is no way you can afford a private attorney. Maybe you just lost your job, you are on public assistance, or you have been unemployed for a while. A DUI can seem like an insurmountable catastrophe in this situation, and you realize that you have no idea how to get a public defender. What next? The good news is that private attorneys are much more affordable for specialized criminal charges like DUI than most people think. Many attorneys charge flat fees or very reasonable hourly rates, or they...

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New DUI Warranty Service: Will It Protect Drivers?

New DUI Warranty Service: Will It Protect Drivers?

A new DUI warranty service promises drivers a free attorney if they are arrested for a DUI, in exchange for a base fee. For attorneys who already defend drivers accused of driving under the influence, this promise raises many red flags. The DUI Warranty provides an attorney to represent a driver who paid the up-front, $20 fee and is later arrested for driving under the influence. There are a number of catches to this seemingly beneficial service, which advertises itself as “Option 2” – Option 1 being “don’t drink and drive”. First, the service is available only in the Oklahoma City...

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Is Your Professional License at Risk Due to Your DUI Arrest?

Is Your Professional License at Risk Due to Your DUI Arrest?

Your professional license could be at risk due to your DUI arrest or conviction. Depending on your profession and the current rules of your professional licensing board, you may need to report your arrest or conviction. Alternatively, someone may report it anonymously or you may fail a pre-employment check or drug test. As a result, you may have no choice but to participate in extensive monitoring programs, take drug tests, and more. Professional licensing organizations for medical professionals take drinking or drug-related arrests particularly seriously. Nurses and doctors may face required diversion and discipline in their state. For example, in Oklahoma...

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Immigration Status After a DUI Arrest

Immigration Status After a DUI Arrest

If you are not a natural-born citizen of the United States and you are arrested for DUI, you probably have questions about your immigration status. Being convicted for a crime while here on a visa or without papers can have a very serious effect on you. Before your criminal case moves forward, learn about your rights should you be convicted, and determine with the help of an attorney how to fight the charges against you. Visa Holders People who hold visas giving them permission to live and/or work in the United States could have their visas revoked for an arrest or conviction...

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