Reader’s Question:

I know someone who has been charged with an aggravated DUI here in East Canadian, Oklahoma. What is the difference between an aggravated DUI case and an ordinary DUI case? Can an aggravated DUI case be tried in the municipal court and are the penalties harsher?

Sam
East Canadian, OK

An aggravated DUI is a DUI case wherein the person suspected for the crime had a chemical test results of 15% or higher on either a blood or breath test. This DUI case could only be filed as a State-level charge in a District Court, not a municipal court charge, unless the particular Municipality has added it to their ordinances, but most have not.

It is not considered a new crime at all but another layer of punishment that is laid on top of that offense which the statute would otherwise provide. For example, if the DUI case in East Canadian, Oklahoma is a misdemeanor DUI, the punishment is a minimum of 10 days and a maximum of one year in the county jail and/or a fine of up to $1,000. If the said charge is filed as an aggravated DUI case, the possible punishments are the same and there would be extra punishments. Those additional include a minimum stay in an alcohol in-patient treatment facility of 28 days, one year aftercare probation period (or meetings) upon release from inpatient, periodic testing during the probationary period, completion of 480 hours of community service and installation of an ignition interlock device on the person’s car for no less than 30 days.

Tags: drunk driving laws, DUI, DUI lawyer, DUI penalties, DUI trial

Reader’s Question:

My cousin was arrested for DUI in Midwest City, Oklahoma and the breath test result when she was arrested was different when she was tested at the police station. Does this really happen in breath testing, how can this be explained?

Carmi

Midwest City, OK

Yes, this has already happened in countless DUI cases. Any driver who is suspected to be driving under the influence could have a breath test result of 0.15% blood alcohol content (BAC) at the police station, but had a 0.07 BAC when the driver got pulled over. This is because alcohol could take an average of 50 minutes, but could take as long as three hours, to be fully absorbed into the bloodstream and create the peak blood alcohol level. This is very critical in your cousin’s DUI case in Midwest City, Oklahoma if the DUI arrest happened relatively soon after she finished drinking.

Probably, her BAC was still rising when she took the breath test which means that even if her BAC was above 0.08% when she was tested at the police station, it could be well have been below 0.08% when she was actually driving. There’s no law against having BAC that is above 0.08% at the police station; it would only be the BAC while actually driving that counts in DUI cases.

Tags: blood alcohol content, breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My brother-in-law was charged with DUI in Norman, Oklahoma and he blew over the limit. I heard that so many people question the reliability of the breath test results. How can the results of the breath test be excluded from the DUI court case trial?

Fynn

Norman, OK

Every state actually has rules and regulations concerning the administration of breath test to those who are suspected to be driving under the influence. There are several things that should be met or the breath test results would often be thrown out of court in a DUI trial. These things include that the test operator has a current certification, the machine also has a current certification, the machine should be calibrated as often as required, the mouthpiece should be changed before the test is given, a record of the temperature of the calibrating solutions in the machine should be kept, a log of the tests run should also be kept and counting the number of times the calibration solution has been changed.

To be able to properly defend your brother-in-law in his DUI case in Norman, Oklahoma, his DUI lawyer should get copies of the maintenance records, the operator’s license or certification and the various logs. Most lawyers actually don’t do this but instead, the settle for just the complaint and the arrest report.

Tags: breath test, DUI, DUI lawyer, DUI trial

Reader’s Question:

I know that there is certification required for blood alcohol testing in a DUI arrest. Are police officers in Lawton, Oklahoma also being trained in conducting field sobriety tests or there’s really no need for certification for this?

Brylee

Lawton, OK

The Standardized Field Sobriety Testing Program recommends law enforcement to develop refresher or in service training, as needed, to ensure that SFST trained personnel maintain their proficiency in the administration of their total DUI or DUI enforcement program; this includes police officers in Lawton, Oklahoma who administer field sobriety tests during a DUI investigation.

The said program would require an officer to obtain 20 practice tests prior to being considered certified in the Horizontal Gaze Nystagmus (HGN). There would be no time limit on when these tests can be obtained. It is also required to have 35 practice tests within a six month period. A refusal could not be considered a practice test as the evaluation of the DUI suspect must be supported by a blood alcohol reading. An officer is being trained to administer the HGN test last during his practice test period and not to formulate an opinion based on the results or use it for probable cause to arrest. Officers are told not to document the test because of this.

Tags: blood alcohol test, DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I was told that in getting the right DUI attorney, I need to consider certain things first before I go ahead and hire one. Why is it necessary for me to choose the right attorney to help me defend my DUI case in Norman, Oklahoma?

Damarcus

Norman, OK

Even though attorneys are educated in the laws pertaining to a wide variety of legal areas, a huge amount of expertise would come from practical experience. This would be either by defending or prosecuting individuals or businesses. In DUI cases, which in addition to just knowledge of the basic governing laws involve a great deal of science, this experience may be the most critical thing.

Knowledgeable attorneys consider DUI cases to be among the most difficult to defend because of their complexity. Because of this same complexity, many great attorneys make up mistakes when it comes to defending DUI clients. These mistakes could profoundly harm their clients in terms paying considerable fines, their license, having huge increases in their insurance rates, serving time in jail and the effect it could have on their current or future job. To help you decide who to hire to defend you on your DUI case in Norman, Oklahoma and also to protect yourself, you need to choose the right DUI attorney and in doing so, you don’t risk the harsh consequences that you might get if you lose your DUI case.

Tags: drunk driving laws, DUI, DUI lawyer, DUI penalties, DUI trial

Reader’s Question:

A friend of mine advised me that an expert witness would be of big help in my DUI case here in Broken Arrow, Oklahoma. What can an expert witness do for me in my DUI case?

Cade

Broken Arrow, OK

If your DUI lawyer decides to call upon expert witnesses to testify on your DUI case in Broken Arrow, Oklahoma, the expert would dwell on the scientific angles based on facts of your DUI case. Experts could testify for you about roadside tests, blood alcohol tests, accident reconstruction, etc.

One of the expert witnesses that your DUI lawyer could call to testify for you would be someone who can explain that your blood alcohol level at the time of driving is different at the time of testing. The use of blood alcohol content (BAC) tests at trial is solely based on the assumption that if you were impaired at the time the test was administered, you must have been impaired at the time of driving. That means that the BAC levels fall as time passes. Expert witnesses could be called to refute this assumption in certain cases. Under some circumstances, the BAC level could actually be rising. In other words, the BAC is higher at the time of the test than when driving. Since this is such a technical area, an expert is necessary to explain it to the jury and raise reasonable doubt as to whether or not you were over the legal limit at the time of driving.

Tags: blood alcohol test, DUI, DUI lawyer, DUI trial

Reader’s Question:

Because of some people I know here in Oklahoma City, Oklahoma who have been arrested for DUI, I would have to be cautious all the time and as much as possible avoid drinking and driving. But if in a very unavoidable circumstance that I would be caught drunk driving, how can a police officer ask a driver to go down the vehicle and conduct some field sobriety tests?

Amir

Oklahoma City, OK

A police officer, first of all should, have a valid point in making a DUI stop. He/she should have a probable cause to believe that you were actually drunk driving and therefore would give a reason for him/her to make a lawful stop. If in case you are suspected by a police officer in Oklahoma City, Oklahoma to be driving under the influence, he/she would observe your driving pattern. If you’re already asked to stop, the officer would then observe physical signs that you are drunk driving. Your appearance and speech would be observed and if you had something to drink, the officer would most likely “smell” alcohol from your breath or inside your car.

If the officer already has a reasonable suspicion to believe that you are impaired based on their training and experience, he/she can continue to the next investigative step. You will then be asked to step out of the vehicle and further observe your physical coordination, speech and general orientation to the location of the traffic stop. He/she would most likely ask you if you know where you are and you will be advised to do some field sobriety tests. If you fail the tests, you will be asked to do a blood alcohol test. If you refuse the test or if your blood alcohol level is above the legal limit, you will be arrested for DUI and be taken to the police station.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

Isn’t it unfair that after my drunk driving arrest in North Cleveland, Oklahoma, I will have two different DUI charges? Could you explain why there has to be two charges?

Dave

North Cleveland, OK

It’s definitely unfair that after your drunk driving arrest in North Cleveland, Oklahoma, you can be charged with two separate DUI offenses. The first offense that you can be charged with is having a blood alcohol content (BAC) beyond the legal limit of 0.08% and the second one is for impaired driving. One reason for creating two different DUI offenses is that a person who is arrested for drunk driving can refuse to take any kind of BAC test. The state of Oklahoma has no evidence in proving the blood alcohol level without the BAC test results. Being charged with two separate offenses allows the state to convict a person for DUI in the absence of BAC test results.

It may be absurd-sounding and it even gets worse because one of the justifications of having two separate laws is that each is based on a different kind of proof. Well, that’s true in theory but it’s quite the opposite in practice. Failing the BAC test can be considered sufficient proof for both charges. In other words, the state does not need any proof of actual impairment to convict you for both charges. But the good news is you will never be punished for both even if you might be convicted for the two charges. That means double the charges doesn’t mean double the sentence.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I just had an arraignment and I already have a schedule for my pretial conference. I don’t know if it worked out just fine because I went without a lawyer during my arraignment. Do I need to have a DUI lawyer at a pretrial to work out a plea deal?

Stella

Tulsa, OK

Technically and legally speaking, you could possibly represent yourself. But quite literally, you would be at the mercy of the court. Remember that the prosecutor would never be on your side. Some judges could be fair, but some of them are extremely harsh to those accused of DUI. This means that the risks are significant and these risks include jail time.

Your DUI lawyer could evaluate your DUI case to make sure there are no legal or police mistakes that should qualify for a dismissal. He/she could nearly negotiate for the minimum penalty allowed under Oklahoma law. He/she can also fight to have lesser criminal and civil charges dismissed, or entered as suspended/concurrent, so they don’t affect you, or further impact your auto insurance rates. The DUI lawyer could also your stress level by walking you through the process every step of the way. That way, you would understand what is happening and you wouldn’t have to worry about being treated unfairly.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

We believe that my sister was detained illegally when she was arrested for DUI here in East Canadian, Oklahoma. How can we suppress the evidence gained from her at the time of the arrest?

Zena

East Canadian, OK

A suppression motion based upon the Fourth Amendment to the US Constitution focuses on illegal search and seizure techniques. If your sister was detained illegally when she was arrested for DUI in East Canadian, Oklahoma, her DUI lawyer can definitely file for motion to suppress so that the evidence obtained from the illegal detention cannot be used by the prosecution. Testimony or statements that are obtained as the result of an unlawful detention, arrest, or search are also subject to suppression.

The motion to suppress could be the most beneficial if it is granted, because it can effectively erase any statement or testimony from police officers and law enforcement officials. In most DUI cases, which are DUI misdemeanor cases, the DUI lawyer will set a future date for a hearing to suppress evidence at the arraignment before your sister’s trial.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer