Lying Under Oath and DUI Defendants
Perjury, or lying under oath, is a crime in Oklahoma and the rest of the United States. The strongest defense to perjury is that the statement made was actually the truth.
Oklahoma defines perjury as follows: “Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury.” 21 O.S. § 21-491. Making a false statement that you do not believe is true, that you know is not true, or that you say to obstruct finding out the truth are all perjury. Both written and oral statements can constitute perjury.
How does perjury affect DUI cases? DUI defendants should not lie under oath. Lying under oath can have serious consequences, including losing your case, serving jail time, paying fines, getting innocent people in trouble, and more. Some defendants think that telling the judge they had only one drink or were driving safely will help their cases, but it will not. Part of evaluating a case involves evaluating the defendant’s credibility, because a defendant who looks like he is lying or who contradicts himself will not play well before a jury.
Some defendants plan their perjury before they testify or sign a statement. While they will not commit the crime of perjury until they testify or sign a statement under oath, a planned perjury can quickly unravel in court. For example, the prosecutor may pick out a key flaw in the concocted story, such as that an eyewitness saw the defendant drinking at a bar right before driving.
Some defendants lie to protect others or to blame others for their own crimes. Not only could this tactic send innocent people to prison, it runs the risk of backfiring –such as by leading to a harsher sentence for the defendant. Again, any flaws in the concocted story most likely will be found and exploited by the prosecutor.
Need an attorney for DUI charges in Oklahoma? Seek out the attorney who is in court nearly every day and teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.