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.

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.

What Is A DUI Blood Alcohol Test In Oklahoma OK

Reader’s Question:

I am high school student in Oklahoma. An assignment was given by my health teacher regarding a blood alcohol testing. What is a blood alcohol test?

Jane

Lawton, OK

This is a physical practice to decide how much alcohol you in fact have in your system. There are three techniques of doing this test: first, the expert will pull out a sample of blood from your arm; second, they will be obtaining a urine sample; third, they will be obtaining a breath sample by having you breathe out into a machine called a breathalyzer. The breathalyzer is much more complicated and exact than the field sobriety test.

You have the option of which one of these three tests you will take. The only time your able to decide which test you take can lawfully be constrained is if you are in a region that purely does not have a breathalyzer. The officer is mandatory to tell you that the option as to which test you take is up to you. But quite frequently officers will try to pressure or browbeat a person into taking the blood test because this is the most effective procedure for the prosecution to use against a person in court. You do not have the right to refuse to take any test. Legally, the officer could hold you down and powerfully draw a blood sample from your veins. In practice this rarely happens excluding where an accident is involved which caused death or serious bodily injury. Instead, if you refuse to take a test, your driver’s license is automatically suspended for one year. Also, in your trial, the jury will be told that you refused to take the test and the judge will tell the jury that they can think about your refusal as evidence of your guilt.