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.

My son has just been arrested for DUI in Midwest City, Oklahoma. His lawyer already advised us that the State has a strong case against him. But still, the lawyer is doing everything he can to fight the charge. If my son will be convicted for DUI, what are the penalties involved.

Ola

Midwest City, OK

The criminal penalties associated with driving under the influence can be severe depending on the number of prior offenses and any aggravating circumstances involved in the DUI case. If this is your son’s first offense for DUI in Midwest City, Oklahoma, it is considered a misdemeanor. First DUI offense carries penalties of $1,000 in fines and not less than 10 days and not more than one year in jail. A second offense for DUI in Oklahoma increases the penalties to a fine of not more than $2,500 and jail time of not less than one year and no more than five years.

A felony DUI offense results in fines of not less than $5,000 and jail time of not less than one year and no more than seven years. A third or subsequent DUI offense carries penalties of a fine of not more than $5,000 and jail time of not less than one year and not more than seven years. I hope that the DUI lawyer who represents your son on his DUI case does everything in order for your son to avoid these harsh penalties.