How To Avoid DUI Arrest In Oklahoma
Reader’s Question:
I usually go out during weekends and I think I really can’t avoid driving after having some drinks. How do you think I can avoid a DUI charge here in Lawton, Oklahoma?
Charles
Lawton, OK
There are certain things that you can do to prevent having a DUI charge in Lawton, Oklahoma if you really can’t avoid driving after consuming some alcohol. There are some practical pointers that you must follow to avoid a DUI arrest. First on the list is that before having any drinks, you can decide who would be the “designated driver” for the night. You can also use a cab service or public transportation. The cost of a taxi ride home will be substantially less expensive than the cost of a DUI.
You can certainly call a family member or a friend to pick you up and you could pick up your car in the morning. If you are worried about your car being towed or a parking ticket, the cost of both combined are, in all likelihood, less than the lifetime cost of a DUI arrest and conviction. You may also choose to sleep it off at a nearby hotel or friend’s house. If you are worried about being late for work in the morning, keep in mind that spending the night in jail will only make it harder for you to get to work on time.
Oklahoma DUI Pre-Trial Question
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.
What Is A DUI Horizontal Gaze Nystagmus Test?
Reader’s Question:
I was lucky my DUI case here in 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.
How Reliable Is The DUI Breath Test?
Reader’s Question:
My brother failed the DUI breath test on his DUI arrest in North 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.
Can I Get Permit To Drive To Work After DUI Charge In Oklahoma?
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.
DUI Walk And Turn Test Oklahoma
Reader’s Question:
Seems like people I know who are arrested for DUI here in North Cleveland, Oklahoma almost always fail the field sobriety tests. But what I need to know is that, why is the walk and turn said to be a divided attention test and is this test being conducted?
Nate
North Cleveland, OK
Before I answer your question, let me just comment on your statement that the people you know who are arrested for DUI in North Cleveland, Oklahoma almost always fail the field sobriety tests because I seem to know why. These tests are really designed for failure and anyone, even those who are sober, would almost always fail these tests. So, to answer your question, the walk and turn is considered to be a divided attention test because you would be doing two things at a time. In doing this test, you will be asked to follow instructions and perform the test to measure physical dexterity.
In conducting the walk and turn test, the officer would tell the DUI suspect to assume a position with his left foot in front of his right foot with his hands at his side but the officer would demonstrate the exercise first. The officer would also tell the DUI suspect not to begin the exercise until told to do so. He will then be told to take nine heel-to-toe steps while counting out loud on an imaginary line and the ground is supposed to be level and free of debris.
DUI Breath Test Result Explained
Reader’s Question:
My cousin was arrested for DUI in 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.
Is It Possible To Exclude Breath Test In Oklahoma DUI Trial?
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.
How DUI Expert Witness Can Help You With DUI Case
Reader’s Question:
A friend of mine advised me that an expert witness would be of big help in my DUI case here in 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.
How Oklahoma DUI Field Sobriety Test Is Conducted
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.