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Oklahoma DUI Questions Answered

Possible DUI Questions: The Oklahoma City criminal defense lawyers at Oklahoma Legal Center are familiar with many possible DUI defenses and may question: Who was Driving? Was there Probable cause? Were you read your Miranda Rights? Were you given implied consent warnings? Were you assumed to be under the influence? Faulty tests create a skewed …

Possible DUI Questions:

The Oklahoma City criminal defense lawyers at Oklahoma Legal Center are familiar with many possible DUI defenses and may question:

Who was Driving?
Was there Probable cause?
Were you read your Miranda Rights?
Were you given implied consent warnings?
Were you assumed to be under the influence?
Faulty tests create a skewed blood-alcohol concentration?
Were you tested during the absorptive phase?
Was the proper protocol followed during the blood-alcohol testing?

Who was Driving when pulled over for DUI or DUI checkpoint?
The prosecution must prove that the defendant was in fact the one driving the vehicle. In a case where there are no witnesses to an accident, intoxication is not enough.

Was there Probable cause to get pulled over by Oklahoma police?
There must be evidence provided that the officer had probable cause to stop, detain and arrest.

Were you read your Miranda Rights?
If the Miranda rights were not given at the appropriate time, incriminating statements may be concealed.

Were you given implied consent warnings?
In Oklahoma, if a chemical test was refused or given incorrectly, and you were not advised of the consequences of this, it may be a reason to invalidate a DMV license suspension based upon the refusal to provide a breath/blood sample.

Were you assumed to be under the influence?
The officer’s observations and opinions as to what the officer considers as “failing” can be questioned. For example, the circumstances under which the field sobriety tests were given. Witnesses can testify that you appeared to be sober.

Faulty tests created a skewed blood-alcohol concentration?
There exists a wide range of potential problems with blood, breath or urine testing. Many different defects in analysis can be brought out in cross-examination of the state’s expert witness.

Were you tested during the absorptive phase?
The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol. It can take thirty minutes to three hours for full absorption. If there is food that has not yet digested it could cause an inaccurate test result.

Was the Oklahoma DUI protocol followed during the blood-alcohol testing?
The Oklahoma City prosecution must prove that the blood, breath or urine test complied with Oklahoma requirements in order to attempt to prosecute an Oklahoma DUI.

    Oklahoma City DUI, DWI, OUI and Drunk Driving Penalties:

  • 1st Oklahoma City DUI Offense – Four (4) months license suspension
  • 2nd Oklahoma City DUI Offense- One (1) year license suspension
  • 3rd Oklahoma City DUI Offense One (1) year license suspension
  • Mandatory Alcohol Education & Treatment: Education (under 21)
  • Confiscation of Vehicle Possible: 3 rd Offense
  • Ignition Interlock Device

Penalties also include possible jail time, fines and possible community service. Second offense holds harsher penalties. If you have been charged with a second offense DUI, DWI or OUI contact the Oklahoma City criminal defense lawyers of Oklahoma Legal Center today!

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