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Navigating Oklahoma DUI Charges: How to Steer Clear of Common Pitfalls
Being charged with DUI (Driving Under the Influence) in Oklahoma can be overwhelming and have significant long-term consequences.
Convictions can result in substantial fines, license suspensions, possible imprisonment, and a permanent criminal record. However, gaining insight into common pitfalls and strategies to avoid them can empower you to navigate the legal system more effectively and safeguard your legal rights.
Don’t Assume Guilt
One of individuals’ most significant mistakes is assuming guilt without fully understanding their rights and the legal process. Many people might think being charged means they are automatically guilty, but this is far from the truth. Various defenses are available, and an experienced attorney can help identify weaknesses in the prosecution’s case.
Hire an Experienced DUI Attorney
Attempting to manage a DUI charge without the help of a lawyer is risky. Oklahoma’s DUI laws are complicated and a skilled attorney can significantly impact your case’s resolution. An attorney is equipped to contest evidence, negotiate favorable plea agreements, and provide representation in court, bolstering your defense.
Understand Implied Consent Laws
Oklahoma’s implied consent laws mean that by driving in the state, you consent to chemical tests if law enforcement suspects you are under the influence. Refusing a test can result in automatic license suspension. However, refusal can also complicate the prosecution’s case. Understanding the implications of refusal is crucial, and your attorney can advise on the best course of action.
Don’t Neglect Court Dates and Legal Deadlines
Failing to appear in court or missing legal deadlines can lead to additional charges and penalties. Always keep track of your court dates and ensure you meet all deadlines for submitting required documents. Your attorney can help you to stay organized and comply with all requirements.
Challenge the Traffic Stop
When facing a DUI charge in Oklahoma, one effective strategy is to challenge the legality of the traffic stop itself. Law enforcement officers must have a valid reason to pull you over. If the stop was unlawful, any evidence obtained, such as observations, field sobriety tests, or breathalyzer results, may be suppressed or excluded from court.
Question Field Sobriety Tests
Field sobriety tests can be influenced by a variety of factors, including medical conditions, fatigue, or the testing environment. Your attorney can scrutinize the administration and interpretation of these tests to determine if they were conducted properly.
Examine Breathalyzer and Blood Test Accuracy
Breathalyzer and blood tests are not infallible. Breathalyzer tests estimate blood alcohol concentration (BAC) by measuring the amount of alcohol in your breath, but several factors can influence their accuracy. These devices need regular calibration and maintenance, and the administering officer must follow proper procedures to avoid contamination. External conditions like temperature and humidity, as well as physiological conditions such as GERD, diabetes, or certain diets, can also affect readings. Blood tests are generally more accurate but still have potential issues. Proper procedures must be followed during collection, storage, and transportation to prevent contamination or degradation, and the chain of custody must be documented. The blood test timing is crucial, as delays can lead to BAC levels that do not accurately reflect the level at the time of driving.
The accuracy of breathalyzer and blood test results can be challenged in court by an an experienced DUI attorney. They may also engage forensic experts to review the testing procedures and results and testify about potential inaccuracies or procedural errors.
Consider Plea Bargains Carefully
When facing a DUI charge in Oklahoma, the option of a plea bargain may arise during the legal process. A plea bargain is an agreement between the prosecution and defendant where the defendant pleads guilty or no contest to a lesser charge or the original charge with a recommendation for a more lenient sentence. While plea bargains can sometimes be beneficial, it’s crucial to consider them carefully before deciding. Discuss the potential consequences of any plea deal with your attorney to help you make an informed decision.
Stay Informed and Involved
Being proactive and informed about your case is essential. Work closely with your attorney, ask questions, and stay engaged in your defense. The more you understand the process and your options, the better equipped you will be to make decisions that impact the outcome of your case.
Understand the Legal Process
Familiarize yourself with the stages of a DUI case, from the initial arrest to the potential trial. You can prepare for each step and reduce anxiety by knowing what to expect.
1. Arraignment: At this first court appearance you enter a plea of guilty, not guilty, or no contest.
2. Pre-Trial Motions and Hearings: These involve discussions between your attorney and the prosecution, possible plea negotiations, and motions to suppress evidence or dismiss charges.
3. Trial: If the case goes to trial, you will present evidence, cross-examine witnesses, and make legal arguments before a judge or jury.
4. Sentencing: If convicted, this is when the court imposes penalties such as fines, jail time, or probation.
Keep Detailed Records
Keep detailed records of every aspect of your case. Write down everything you remember about the arrest, including the officers’ behavior, the reason for the stop, and the tests administered. Keep a log of all interactions with law enforcement, your attorney, and the court.
Staying organized helps you track important dates and requirements.
Secure Legal Help
A DUI charge can upset your life. If you or someone you know is facing a DUI charge in Oklahoma, don’t hesitate to seek professional legal assistance. You need an experienced Oklahoma attorney who will fight for you every step of the way. Trust Parsons, Graham & Day, LLC to provide the guidance and defense you deserve. Call 918-553-5771 for a free consultation.
