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.

I know that there is certification required for blood alcohol testing in a DUI arrest. Are police officers in Oklahoma also being trained in conducting field sobriety tests or there’s really no need for certification for this?

Brylee

Lawton, OK

The Standardized Field Sobriety Testing Program recommends law enforcement to develop refresher or in service training, as needed, to ensure that SFST trained personnel maintain their proficiency in the administration of their total DUI or DUI enforcement program; this includes police officers in Lawton, Oklahoma who administer field sobriety tests during a DUI investigation.

The said program would require an officer to obtain 20 practice tests prior to being considered certified in the Horizontal Gaze Nystagmus (HGN). There would be no time limit on when these tests can be obtained. It is also required to have 35 practice tests within a six month period. A refusal could not be considered a practice test as the evaluation of the DUI suspect must be supported by a blood alcohol reading. An officer is being trained to administer the HGN test last during his practice test period and not to formulate an opinion based on the results or use it for probable cause to arrest. Officers are told not to document the test because of this.

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.