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.
Hiring Cheap DUI Lawyer In Oklahoma
Reader’s Question:
Is it okay not to hire a lawyer to represent me in my DUI case in 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.
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.
DUI Miranda Warnings Oklahoma
Reader’s Question:
I understand that my sister’s DUI case in 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.
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.
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.
What Is An Aggravated DUI In Oklahoma?
Reader’s Question:
I know someone who has been charged with an aggravated DUI here in Oklahoma. What is the difference between an aggravated DUI case and an ordinary DUI case? Can an aggravated DUI case be tried in the municipal court and are the penalties harsher?
Sam
East Canadian, OK
An aggravated DUI is a DUI case wherein the person suspected for the crime had a chemical test results of 15% or higher on either a blood or breath test. This DUI case could only be filed as a State-level charge in a District Court, not a municipal court charge, unless the particular Municipality has added it to their ordinances, but most have not.
It is not considered a new crime at all but another layer of punishment that is laid on top of that offense which the statute would otherwise provide. For example, if the DUI case in East Canadian, Oklahoma is a misdemeanor DUI, the punishment is a minimum of 10 days and a maximum of one year in the county jail and/or a fine of up to $1,000. If the said charge is filed as an aggravated DUI case, the possible punishments are the same and there would be extra punishments. Those additional include a minimum stay in an alcohol in-patient treatment facility of 28 days, one year aftercare probation period (or meetings) upon release from inpatient, periodic testing during the probationary period, completion of 480 hours of community service and installation of an ignition interlock device on the person’s car for no less than 30 days.
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.