Reader’s Question:

Is it okay not to hire a lawyer to represent me in my DUI case in Oklahoma City, Oklahoma or if I have to, is it okay if I hire the cheapest one?

Jade

Oklahoma City, OK

The DUI law is complex and you definitely need a competent representation on your DUI case in Oklahoma City, Oklahoma. The first thing you have to do is to raise the right defenses at the right time or you will lose them. Sadly, facts do disappear, memories fade and witnesses vanish. If this happens, a winnable case could quickly become a loser so you need a legal advice and you have to do this fast if don’t want to go to jail and lose your license. You must consult and hire a DUI lawyer to handle your DUI case.

The State of Oklahoma has almost unlimited resources when it comes to your DUI case. You need to hire a DUI lawyer and pay a fee that would allow the lawyer to put time and effort into your DUI case to counter the prosecution. Lawyers should earn enough in the time they spend on your DUI case in order to keep their doors open and make a living wage. If you go with the cheapest, your DUI lawyer would not be able to put in the time necessary to protect you. You have to look for a reasonable, predictable lawyer fee, not the cheapest.

Tags: DUI, DUI lawyer, DUI lawyer cost

Reader’s Question:

I just had the arraignment for my DUI case here in Tulsa, Oklahoma in which I pleaded not guilty. Does this mean that they would start to hear my case already?

Reagan

Tulsa, OK

After the arraignment for your DUI case in Tulsa, Oklahoma where in you entered a not guilty plea, the prosecution and the defense would be entitled to engage in a process known as the pre-trial discovery. In this phase of the pre-trial of your DUI case, both parties through the law of civil procedure could request documents and other evidence from other parties or could compel the production of evidence by using a subpoena or through other discovery devices. These devices include requests for production of documents, and depositions.

You and your lawyer will be entitled to review all relevant evidence in the possession of the Police and other State agencies. The Municipal Prosecutor would be ultimately obliged to respond to discovery requests and to assure compliance with the State’s discovery obligations. If the Prosecution fails to comply, your DUI lawyer could apply to the Court for an Order compelling production at the risk of a dismissal or suppression of certain of the State’s evidence against you. This would be through pre-trial motions wherein your DUI lawyer would seek some type of relief from the Judge.

Tags: DUI, DUI lawyer, DUI trial

Reader’s Question:

I was lucky my DUI case here in Tulsa, Oklahoma was dismissed and when I was arrested, I got more interested in the horizontal gaze nystagmus test when the officer did the test to me. What are the clues that the police officers are looking for when they conduct this test?

Ramona

Tulsa, OK

The horizontal gaze nystagmus (HGN) test is one of the standardized field sobriety tests that is recognized by the National Highway Traffic Safety Administration (NHTSA). The procedure to be used by police officers is set out by the NHTSA in the DWI Detection and Standardized Field Sobriety Testing Student Manual. Prior to administering the HGN, the eyes are checked for equal pupil size and equal tracking ability. Medical disorders or injuries are likely the cause of the nystagmus if the eyes don’t track together or if the pupils are unequal in size.

When the police officer conducted the HGN test on you when you were arrested for DUI in Tulsa, Oklahoma, the NHTSA standardized clues that the officer was looking for were onset of nystagmus prior to reaching a 45-degree angle, lack of smooth pursuit and distinct nystagmus at maximum deviation. Standardized administration procedures include keeping the tip of the stimulus slightly above the suspect’s eyes, holding the stimulus 12-15 inches in front of the suspect’s nose, always moving the stimulus smoothly, always checking for all three clues in both eyes, starting with suspect’s left eye, checking the clues in sequence and always checking for clues at least twice in each eye.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I understand that my sister’s DUI case in Edmond, Oklahoma will not be dismissed just because she wasn’t given the Miranda warnings. If that is the case, what could be the advantage of the officer’s failure to give her the Miranda warnings?

Elisa

Edmond, OK

Failure of the police officer to give your sister the Miranda warnings on her DUI case in Edmond, Oklahoma does not mean that there would no further discussion at this point even if the DUI case will not be dismissed. The advantage on the violation of the Miranda rights is that any statements given by your sister during the interrogation would be suppressed and would not be used at trial. The reported DUI cases that deal with the ability of the law enforcement officers to ask limited investigative questions in a roadside scenario don’t go as far as many police officers do.

Of course, there are still legal challenges to be made and a DUI defense lawyer with years of experience would know just what to do to make the most out of a police officer’s failure to warn your sister of her Miranda rights. The most important thing would be to get a DUI lawyer who is very much qualified to help your sister, and answer that lawyer’s question as honestly and accurately as possible. This would definitely give her the best chance of success on her DUI case.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

My brother failed the DUI breath test on his DUI arrest in North Cleveland, Oklahoma. How reliable is the breath test in determining the driver’s blood alcohol level?

Hugo

North Cleveland, OK

The answer to your question, Hugo is extremely long and the subject of great debate. Breath tests are used by law enforcement officers for its ease and convenience, and not on its accuracy. Reliability would depend upon the ability of the breath test machine to accurately measure the presence of breath alcohol. The breath alcohol is supposed to reflect the level of alcohol in a person’s blood. Alcohol in the blood, of course, would produce a depressive effect upon the central nervous system that would lead to intoxication. But even a perfectly functioning breath test machine has problems in producing reliable results as to intoxication.

A simple fact that illustrates a deficiency in the breath test machine is that this machine strictly assumes that the breath temperature is 34 degrees Celsius, which is about 93 degrees Fahrenheit. During your brother’s DUI arrest in North Cleveland, Oklahoma, if his breath temperature is higher than 34 degrees Celsius, his breath test result will be higher than the true level. Because of that, he has to consult a qualified DUI lawyer to help him and further assist him about breath testing and other matters on his DUI case.

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

Reader’s Question:

I need to have SR22 car insurance because of my DUI conviction in East Canadian, Oklahoma and I heard that if my insurance company would no longer provide me coverage, the insurance company would notify the DMV. What could be the reasons that an insurance company can no longer give me insurance?

Xavier

East Canadian, OK

SR22 is a type of car insurance policy that you have to get after your DUI conviction in East Canadian, Oklahoma and this is required by the Department of Motor Vehicles (DMV) and the courts. The SR22 car insurance would be required for a minimum of three years after a DUI conviction and this would serve as an agreement between the Oklahoma DMV and the insurance company to immediately notify the DMV if the insurance company does not provide insurance for the driver anymore.

Your insurance company can no longer give you coverage due to several reasons. The first one would be a lapse in the coverage due to missing a payment or even just being late making a payment. Another reason would be the termination of your coverage and this could be due to the decision of the insurance company that you are too high of a risk due to maybe have an accident or another DUI offense. The other reason could be switching SR22 providers and even if you do so, your old insurance company would still be required to file a Notice of Cancellation of Insurance Proof Certificate. If in case this happens, you can always get an online rate quote for SR22 car insurance available from this website.

Tags: drunk driving insurance, DUI, DUI conviction, DUI lawyer, SR22 insurance

Reader’s Question:

I just moved here in Norman, Oklahoma and I heard that my neighbor was charged with DUI for a first-time DUI offense. How can he be charged with an aggravated DUI if it was the first time that he was charged with it?

Gladys

Norman, OK

During the DUI arrest of your neighbor in Norman, Oklahoma, if he had a breath or blood alcohol test of .15% or higher, the charge would be an aggravated DUI even if it is the first time that he is charged for DUI. If he will be convicted for the DUI charge of an aggravated offense, he could face all the same penalties for a first-time offense, but he would also be required to complete a mandatory in-patient treatment program with one year aftercare, 480 hours of community service and install an ignition interlock device on all the vehicles that he would be driving.

Almost all District Attorney’s office in the state of Oklahoma is filing the charge of aggravated DUI with a BAC test of .15% or higher. In the district courts where these charges are being filed, the common practice is to amend the charge back down to a regular DUI charge if the person has had an alcohol assessment that does not reflect the need for the person to complete an in-patient program.

Tags: blood alcohol content, DUI, DUI lawyer, DUI penalties, ignition interlock device

Reader’s Question:

How come my cousin was arrested for DUI in Midwest City, Oklahoma even when he was not driving? Are the penalties the same as if he was actually driving the car?

Mary

Midwest City, OK

Your cousin must have fallen asleep in the car or simply waiting to be “sober enough” to carry himself and drive again when he was arrested for DUI in Midwest City, Oklahoma. The actual charge that he would get is APC or “Actual Physical Control” which is a charge against a person who is in a vehicle and under the influence, like in DUI. Also, just like in DUI, breath and/or blood test are requested of the person who is arrested for this charge.

In APC, your cousin was not driving, but maybe parked or sitting still on a street or parking lot and could have driven if he wanted to do so. The crime of APC is effectively, the same thing as committing the crime of DUI. APC carries all of the same driver’s license problems/case and punishments as DUI. Anyone who had had some alcohol to drink should know what else to do other than parking and waiting to be “sober enough” to drive again. In other words, simply pulling over would not be enough.

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

Reader’s Question:

Can I get a work permit to still drive after my DUI arrest in Broken Arrow, Oklahoma? I badly need even a restricted driver’s license because it is required in my line of work.

Ervin

Broken Arrow, OK

I understand that you really want a work permit after your driver’s license has been suspended because of your DUI arrest in Broken Arrow, Oklahoma. Let me just tell you first that a work permit is really expensive and quite a hassle. Also, work permits would only be granted to first time DUI offenders, or those who have their driver’s licenses revoked for a period of six months. Those who have license revocation for one year (second DUI offense in a five-year period) or three years (third DUI offense in five years) could not, by law, have a work permit at all.

To qualify for the work permit, you should pay a fee of $150 and install an ignition interlock device on any car you drive wherein you would blow into and “pass” before the ignition would work. The ignition interlock device costs about $500 for a period of six months. If you own a CDL or Commercial Driver’s License (Class A, B, or C), work permits cold no longer be obtained for anything but Class D licenses. Also, the driver’s license revocation would still be on your record forever.

Tags: driver’s license, DUI, DUI lawyer, ignition interlock device

Reader’s Question:

Is it true that after my friend’s DUI arrest in Lawton, Oklahoma, he would also face a case that has something to do with his driver’s license? How is this driver’s license case different from the actual DUI case trial?

Erica

Lawton, OK

Yes, it’s true; your friend also has to face a case that has something to do with his driver’s license after he has been arrested for DUI in Lawton, Oklahoma. In almost every DUI case, this driver’s license case is set into motion before the first court date. An arrest for “Actual Physical Control” (APC) or DUI would cause anyone to lose the driver’s license.

Depending on the prior DUI record, the Department of Public Safety (DPS) would take his license from him for a period of six months to three years for failing the chemical test with a blood alcohol content (BAC) level of .08% or higher, or .02% or more BAC if he is under 21 years old. He would also lose his license for a refusal to take the test, just like he had failed it. If he has a Commercial Driver’s License (CDL) and refuse the test, he would be disqualified for one year, no matter what vehicle he is driving during the DUI arrest. Any driving he does during the time his license is revoked could result in additional criminal charges and additional periods of license suspension or revocation.

Tags: blood alcohol content, driver’s license, DUI, DUI lawyer, DUI trial