If you have been charged with driving under the influence (DUI) in Oklahoma, you should not simply accept the consequences. Even if it is your first DUI arrest, it is imperative to confer with an experienced criminal defense lawyer. Having a criminal conviction on your record has severe consequences, such as making it difficult to find employment, being approved for housing, or obtaining certain professional licenses.

If you simply accept your initial conviction without challenging it and you have subsequent DUI convictions, your initial DUI will likely result in you receiving harsher penalties. hus, working with an Oklahoma DUI attorney to reduce the penalties, dismiss the charges, or obtain an acquittal at trial is money and time well spent.

Steps to Take After a DUI Arrest

Immediately invoke your right to a lawyer when you are arrested for DUI. Tell the police you wish to have your attorney present before you answer questions or explain your actions. This step is critical even if you believe you are innocent. Statements made while under pressure can cause serious damage to your case, so it is wiser to remain quiet until you have counsel present to give you advice and protect your rights. You should also be aware that law officers may try to engage in casual conversation that does not appear to be an interrogation, but anything you say voluntarily can be used against you. Thus, to avoid your words from being used against you, it is better to remain silent.

What Are Effective Challenges to My DUI Arrest?

A DUI charge in Oklahoma is considered a misdemeanor as long as nobody was harmed and there was not a minor in your vehicle at the time of the DUI. The consequences can range from suspensions of your license to monetary fines and even time in jail. Thus, you should confer with a defense attorney to determine the defenses available to you to reduce the charges or seek dismissal. Below are examples of potential defenses for a first-time DUI charge:

• Police Failure to Implement Proper Breath Test: When law enforcement suspects you are driving under the influence of alcohol or drugs, you will be pulled over and asked to take a breathalyzer test. The Oklahoma Board of Tests (BOT) is an agency that establishes the rules and policies that govern breathalyzer testing. If the arresting officer failS to properly follow the rules for administering your breathalyzer test, your defense lawyer may be able to reduce the charges or have them dismissed.
• Police Improperly Arrested You: If the arresting officer administered the Standardized Field Sobriety Test (SFST) to you, certain rules govern the test to determine if your arrest was warranted. If the officer failed to follow the rules, your arrest can be challenged. Additionally, factors such as weather, medical conditions, caffeine, illness, and lack of sleep can potentially affect SFSTs.
• Illegal Extension of Traffic Stop. Your attorney can argue you were improperly arrested if an illegal extension of your traffic stop occurred. For example, if you were pulled over for speeding, the officer should issue a ticket and allow you to leave unless there is a legitimate reason to detain you further.
• Improper Reason to Pull You Over. In most instances, a police officer must witness an actual violation of the law before pulling you over. An anonymous call to the police to arrest you is insufficient reason to pull you over. Additionally, simply changing in and out of a traffic lane should not be sufficient to warrant a stop. Drivers may change lanes to avoid debris or avoid harm, and an officer cannot pull you over because he or she just felt you were driving under the influence of drugs or alcohol.

How You Can Assist Your Legal Defense

As soon as possible after your arrest, write down everything you remember about the incident. While it is fresh on your mind, take notes on the events leading to you being pulled over, the interactions you had with the police, and the conditions under which your tests were administered. Having a detailed account of the facts will assist your DUI defense lawyer in creating the best strategies for getting your charges reduced or dismissed.

You Should Not Face Criminal Charges Alone – Contact Us Today

If you are facing criminal charges it is critical to seek the help of experienced criminal defense professionals. Our BMO criminal defense attorney legal team provides upfront communication and aggressive representation of our clients. Call Babbit, Mitchell & Ogle at (405) 692-7676 to ensure your rights are protected and to receive the best possible defense.