Does Oklahoma DUI Law Require a Specialized DUI Lawyer?
Reader’s Question:
My boyfriend and I just moved here in Oklahoma because his job requires him to live in this state. Though he hasn’t been arrested for DUI, I just need to know a few things about it because my boyfriend has a habit of drinking and driving. Does the DUI law here have special decree and that most likely require a specialized lawyer?
Stacey
Midwest City, OK
Finding out the scope of DUI is a difficult and likely contentious process. Breath test, field sobriety tests, chemical tests don’t show the whole tale and the outcome of these tests is most of the time misconstrued. These tests could be gotten all wrong, misread, or completely ignored. Also, depending on the circumstance of the DUI case, these tests could result in severe punishments, jail time and fines.
It may require a specialized lawyer to comprehend with the intricacies of the DUI laws in Oklahoma. Each state has specific DUI laws and Oklahoma also has a number of statutes that only experienced DUI lawyers can overcome. For instance, if a person gets convicted for DUI and there was a passenger who is less than 15 years old when the DUI accident occurred, the penalties can be doubled. Also, succeeding DUI convictions are felony cases and could have a fine of $5,000 and jail time of 10 years.
Even people who are not exactly driving can be affected by a number of DUI laws in the state of Oklahoma. A person can be charged with DUI by just sitting in a vehicle with the keys in the ignition if the person has even the least amount of alcohol in his/her system. Since DUI is very hard to go around, a devoted and experienced DUI lawyer could aid in avoiding a long period of agony and pain.
Non driving DUI Arrest In Oklahoma?
Reader’s Question:
How come my cousin was arrested for DUI in 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.
License Suspension After DUI Oklahoma
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.
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.
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.
Oklahoma DUI Motion to Suppress
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.
DUI Arrest In Oklahoma
Reader’s Question:
I was asked to stop by a police officer because of speeding and eventually, I was arrested for DUI. There was no speeding charge on my ticket. How can the officer arrest me with DUI if I was pulled over for just speeding and why was there no speeding charge on my ticket, only DUI?
Fabian
Broken Arrow, OK
It could be unfortunate that you were only asked to stop because of speeding and you were already charged with DUI in Broken Arrow, Oklahoma. Well, actually, a police officer has probable cause to pull you over if he/she observes you speeding, or committing any other type of traffic violation or crime. If you were already pulled over and the police officer suspects that you are driving under the influence which is aroused based upon the smell of alcohol, drugs or other intoxicant, or if you admitted to drinking, etc., you can be subjected to any variety of standardized field sobriety tests and then potentially get arrested for DUI.
The reason why you only have DUI not speeding on your ticket is because DUI is the more serious infraction, thus the crime you will be cited for. The police report in regard to your DUI arrest will reflect the fact that you were actually speeding and that will be taken into account by the prosecution when plea bargaining or trying your DUI case in Oklahoma.
Importance Of Getting Oklahoma DUI Lawyer
Reader’s Question:
My cousin has just been charged with DUI here in Tulsa, Oklahoma. We were advised that we need to get a DUI lawyer who would help him defend his case. What is the importance of getting a lawyer in cases such as this?
Felisha
Tulsa, OK
It is illegal to drive under the influence in the state of Oklahoma. Since your cousin was arrested for DUI in Tulsa, Oklahoma, he is now facing two separate charges. One is the criminal case for DUI and the other one is the administrative case. With regard to the criminal case, he will be charged with DUI and any other offenses related to that offense and he will face substantial criminal penalties. With the administrative case, the state will seek to suspend your driving privileges for a period of time that matches the level of the offense and any special circumstances.
These charges are both serious cases with stiff penalties that have a strong potential to reduce your cousin’s quality of life and make it difficult for him to carry out normal activities such as maintaining employment or attending college. These penalties can also tarnish his reputation and leave him with a criminal record that can haunt him forever.Because of that, it is important that he contacts an Oklahoma DUI lawyer as soon as possible. Having an Oklahoma DUI lawyer to represent him is his best chance of having a successful outcome in his DUI case.
Choosing The Right Oklahoma DUI Lawyer?
Reader’s Question:
I was just recently arrested for DUI here in Oklahoma. I want to have the best legal defense possible. How can I determine which one is the right for me?
Bobby
Oklahoma City, OK
I must say that it would be a right move for you to get a legal representation in your DUI case in Oklahoma. DUI is not just another criminal case one can easily get away with. To help you identify the best DUI lawyer to defend you on your DUI case, there are several questions that you should be prepared to ask any lawyer you are considering.
First is that you have to know how long the lawyer has been defending DUI cases in Oklahoma. This is quite important because your lawyer should have defended numerous DUI cases in Oklahoma and has actually gone to court trial for DUI cases. You also have to take note as to how successful the DUI lawyer has been at getting DUI charges reduced or dropped. This is to make sure that they have proven track record of successfully helping clients defend their cases.
You might also want to ask the DUI lawyer the kinds of honors or awards he/she has received in their field. This is to know how good they are if they are being recognized. Lastly, you can also ask the DUI lawyer how the fees are being determined to give you an idea as to how much you will be paying the DUI lawyer and also for you to prepare.
So if you are facing a DUI charge in Oklahoma, get help from an experienced DUI lawyer. Hire a lawyer who has handled thousands of DUI cases with experience and a track record that speaks for itself.