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

Reader’s Question:

Is it true that you can be charged with DUI even if you are not driving? A friend here in Tulsa, Oklahoma told me about that and the reason I ask is that it seems so weird.

Don

Tulsa, OK

Yes, it may seem so weird that you can be charged with DUI in Tulsa, Oklahoma (or anywhere in Oklahoma for that matter) even if you are not driving just so long as you had had some alcohol to drink and you are sitting or maybe sleeping in your car. This is what popularly known in Oklahoma as “Actual Physical Control” (APC) wherein you are not actually driving but you are in control of the vehicle. DUI and APC are often confusing to people especially if a person has been arrested for alcohol-related traffic offense when he is not driving.

A lot of people have experienced this when they knew they had had too much alcohol to drink to drive safely. They usually just pull over to “wait it out” and thought that it would be the right thing to do but they were arrested for a crime that is effectively the same as DUI. Doing this is no better off than if they had gone ahead and tried to drive home, although the only difference is that they can avoid a car wreck while driving since they had to “wait it out.” This simply means that pulling over is not enough, the vehicle should be totally off any street or road.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

My sister was charged with DUI here in Oklahoma City, Oklahoma and I was told that she still has time to save her license. How can we stop this license suspension or revocation after her DUI charge?

Edward

Oklahoma City, OK

After your sister’s DUI arrest in Oklahoma City, Oklahoma, a hearing should be requested from the Department of Public Safety (DPS) within 15 days of her arrest. She must win this hearing so that she can avoid the loss of her driver’s license. If she does not request, or have her DUI lawyer request the hearing, the suspension of her driver’s license would go into effect 30 days after her arrest. If her case if not addressed in this manner, and within the 15-day period, there is nothing that could be done to avoid the loss of her driver’s license.

If her driver’s license is suspended or revoked because of this DUI arrest, her driving record would show it, no matter what happens in her DUI court trial. This means that even if her DUI criminal case is later dismissed or if she is found not guilty, her driver’s license is suspended or revoked and it is still in her record. This would have the same effect on her insurance rates and, possibly upon employment, as if she had been convicted of DUI in court. Since she’s gonna be needing SR22 insurance because of her DUI arrest, you can recommend to her that she get an online rate quote from this website from a great insurance company in Oklahoma.

Tags: driver’s license, DUI, DUI lawyer, DUI trial, SR22 insurance

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.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests