FAQ for Oklahoma DUI/DWI

WHAT ABOUT MY DRIVER’S LICENSE?

There is a way to get back your driver license, however, you must act RIGHT AWAY...

Many attorneys will tell you trying to get your license back is unproductive and a waste of time.

It is for those attorneys because they don't understand the procedures and polices to effectively fight for you or they don’t even care.

Think------ If we appeal your drivers license suspension and lose, the most awful that can happen is that your license will be suspended. THAT IS THE SAME THING THAT WILL HAPPEN IF YOU DON’T FIGHT, so this appeal is in essense a Freebie for you. ALSO, there are some vital tactical advantages to having this hearing.

Also, DO NOT let an attorney “phone in” this hearing. He would do this because he does not value your case enough to spend the time to physically appear in another court. Again, there are tactical reasons why your lawyer should show up in court appear for this hearing.

Certain problems attach if you have a Commercial Drivers License or a Pilots License.

DON'T GIVE UP WITHOUT A FIGHT—Only good things can derive from having this hearing.

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OUT OF STATE DRIVER’S LICENSE

If you were arrested for DUI and have a license from a state that is different from Oklahoma, the officer will probably keep your drivers license. Oklahoma will keep your license and suspend your driving privilege although they can't suspend your driving privilege in the state that your from.

45 states are attached to the Interstate Drivers License Compact and all member states tell driving violations to one another. Your licensing state may act. It depends on the outcome of your DUI case in Oklahoma and what is truely told to the licensing state. An example of a state is Kansas. Kansas will not suspend your Kansas license if Oklahoma only reports an administrative revocation; the state needs a conviction on the criminal case before they will take any action against a Kansas license. Each state have their own rules.

To keep your rights, I must request a hearing in the needed 15 days. If not, your privileges will be suspended in Oklahoma and the state that your from will be told. Because of the different rules, a lawyer can't be up-to-date on the rules for all 50 states. Since it is to your benefit to have a BOARD CERTIFIED DUI ATTORNEY protecting your rights. I can be reached on a daily basis with DUI lawyers all across the nation. I am able to get any state's information and provide you with knowledgable advice from other nationally known DUI lawyers who practice each day with your states agency. This talent is given at no extra cost to you as the client.

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BREATH TESTING IN OKLAHOMA

A lot of people, including attorneys, will look at a breath test result and say, “Oh, you scored a high number and will probably be convicted”. THIS DOESN'T HAVE TO BE TRUE, however, it does show a complete lack of understanding of the testing protocol and procedures. I have trained extensively and know how the machines work and what problems can happen to them.

Your attorney ’s knowledge in this area of DUI litigation often makes the difference between a conviction and being found NOT GUILTY.

How accurate are the chemical testing methods?

To be clear, the police use the least expensive, most convenient, non-testable, scientifically debated chemical test when your freedom is involved.

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HOW IS BREATH TESTING DONE?

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HOW RELIABLE IS THE BREATH TEST?

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THE 7 DEADLY SINS FOR AN OKLAHOMA DUI . . .And how to avoid them

FAILING TO PROTECT YOUR CONSTITUTIONAL RIGHTS. An experienced DUI Attorney will recognize the issues unique to your case and will have the experience to protect you. This includes at a smallest the legality of the reason you were stopped, your removal from the car, the legality of any test given to you, the propriety of any field test given to you, the validity of your arrest itself, the legality of any breath test request and the procedures of the administration of any breath/blood test.

WHAT ARE THE CRIMINAL PENALTIES

In Oklahoma, you can have charges filed against you in City or District Court for DUI, DWI or APC:

Penalties can range as follows:

These are the basics penalties. Prior convictions, accidents with injures, high breath/blood alcohol can result extra penalties. The above listing is merely a starting point and is by no means all-inclusive.

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HIDDEN COST OF A DUI----what you don’t know, can hurt you

Have you had a friend, co-worker or even worse- an attorney-- tell you a DUI is no big deal? Heaven forbid that they say you may be able to save money and just plea it yourself, “the worst that will happen is you will go to DUI School and pay a fine.”

Sound familiar?

STOP---BE CAREFUL! Even in a small municipal court there are many hidden costs. Following is a list of potential costs associated with a DUI:

 Do you want to pay this price or do you feel it is important that you quickly get a Board Certified DUI Defense Lawyer? Your choice.

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WHAT CAN AFFECT MY PERFORMANCE ON THE FIELD SOBRIETY TESTS BESIDES ALCOHOL?

The National Highway Traffic Safety Administration has admitted that SOBER people can have difficulty with these tests! Many different things can affect your ability to do the tests including the following:

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WHAT SHOULD I DO IF ASKED TO TAKE FIELD SOBRIETY TESTS?

There is no legal requirement to take any field sobriety tests and as such, you should never take them. These are subjective tests that are only 65%-77% correct when administered in perfect conditions, administered exactly as designed and tested impartially.

 The Officer ALREADY THINKS YOU ARE INTOXICATED—why else would they request you take the test? An officer who already is biased against you is the one who will be ‘grading’ your performance. In America you DO NOT HAVE TO PROVE YOUR INNOCENCE---- it is the Officer’s duty to prove your guilt. You have no obligation to do his job or help at this point.

 The best response is to ask the officer "Am I NEEDED to take these tests?” The honest answer is no. Any other answer could leave a jury with the impression the officer is deceptive. At this point tell the officer that you would like to talk to an attorney before deciding what to do.

The Officer most likely will refuse your request but there is a huge difference between refusing to take the tests and asking to talk to an attorney before making your decision.

Please note----the refusal talked about above applies to the Field Sobriety Test only. Refusal of the Breath Test is a different issue with different rules.

COMMERCIAL DRIVERS LICENSE PROBLEMS

If you have OR may ever want to receive a commercial drivers license (CDL), there are special problems associated with a DUI. The Federal government, by blackmailing the State with the threat of withholding federal Highway money, has forced Oklahoma to enact the same CDL terms as is contained in the federal code.

A first time conviction for DUI or refusal to take a breath test leads to a ONE-YEAR SUSPENSION of the CDL. This is true even if the violation happened while driving a personal car- it makes no difference.

A second conviction will cause a LIFE-TIME ban on driving a commercial vehicle.

Any conviction of using a vehicle for any felony drug charges will lead to a LIFETIME CDL ban.

Theoretically, you could have an argument with your spouse, go to you car parked in the driveway to sleep it off and windup with your CDL gone for 1 year or Life. You could be charged with APC, which is the same punishment as DUI.

There are many, many twists to this issue, the point you should concentrate on is to RIGHT AWAY keep the services of a CERTIFIED DUI attorney. Your livelihood is at stake.

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IF YOU HAVE A PILOT’S LICENSE

COMMERCIAL-PRIVATE-MILITARY

If you have a pilot’s license, you must at once contact a skilled DUI lawyer. There are reporting issues separate from the criminal issues and separate from your driver’s license issues. Multiple agencies may need a report and each has its own deadline and format for reporting. This reporting may be needed even if you are successful in defending and defeating the charges against you.

These rules are not limited to a commercial license all though there may different rules.

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WHAT IS A DUMP TRUCK LAWYER?

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14 QUESTIONS YOU SHOULD ASK BEFORE HIRING AN OKLAHOMA DUI ATTORNEY

1.      Are you 1 of the 33 attorneys nationwide who are Board Certified by the National College for DUI Defense, as given by the American Bar Association's Specialization? (There are only 2 such attorneys in the State of Oklahoma).

2.      Are you Certified in Standardized Field Sobriety Tests administration? 

3.      Are you Certified as an INSTRUCTOR of Standardized Field Sobriety Tests administration?

4.      Are you Certified by the State of Oklahoma as an Intoxilyzer 5000 OPERATOR? (The Breath machine used in Oklahoma)

5.      Are you Certified by the State of Oklahoma as an Intoxilyzer 5000 UPKEEP SUPERVISOR?

6.      Have you ever attended the DUI Trial College conducted by the National College for DUI Defense, held at Harvard Law School?  

7.      Do you own a working and functioning Intoxilyzer 5000 to use in your client's case? How many?

8.      Have you attended the annual DUI seminar conducted by the National Association of Criminal Defense Lawyers?

9.      Do you have instant access to the most experienced DUI Attorneys and experts in the nation?

10.  Do you have successful trial experience in DUI Defenses?

11.  Do you have successful experience in fighting DUI blood tests?

12.  Do you limit your practice to Criminal defense only?

13.  Is most of your practice devoted to DUI Defense?

14.  Are you called on by the press and television for your insight and opinions involving DUI and do other attorneys ask you to teach them about DUI?

For your protection, if you want a DUI Attorney who is highly qualified and on the cutting edge of new defense strategies, your attorney should answer Yes to every one of these questions. BRUCE EDGE will answer to every question---- YES!

Call 918-582-6333 or 1-877-DUI-EDGE to schedule your FREE CONSULTATION. Contact me

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WINNING MEDICAL DEFENSES

The defense of a DUI case needs specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these scientific disciplines interrelate.

Chemical testing for blood alcohol levels assumes that the subject is a:

normal,

healthy

average person .

There are countless medical conditions which can affect the accuracy of chemical testing and the appropriateness of field sobriety exercises. The following are examples:

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FEMALE DUI ISSUES

SOCIAL ISSUES

Men account for an overwhelming majority of those arrested for DUI. Yet, the percentage of female arrestees has increased rapidly in the last 2 decades.

There are several factors that account for the growing number of women accused of DUI, social and physiological.

Law enforcement officers’ attitudes toward women have changed over the decades. It was once more likely for an officer to make sure that a female drunk driver got home safely instead than put her in a jail cell.

No doubt the changing role of women in American society has played its part as well. More women are in the workforce and there are more female professionals. These changing lifestyles of women place them in positions that are more conducive to a DUI arrest.

GENDER/TEST BIAS

While the above issues are factors, the most pressing issue is test bias. Studies have shown that women tend to score higher on breath testing machines. This is caused by the machines are set for an average male's lung capacity. This is inherently unfair to women and should be dealt with by your lawyer. The average woman’s body has a higher fat to muscle ratio than does a man. This affects the absorption of alcohol because the average male’s body is 68% water while the average female’s body is only 55% water. Water and alcohol mix and quickly distribute throughout the body; therefore a male tends to dilute alcohol more quickly than does a female.

Alcohol also affects women differently than men because women metabolize alcohol more slowly. Women have less of the ADH enzyme. This causes a larger proportion of the ingested alcohol to reach the blood system before being converted to acetate. Women experience fluctuations in hormone levels during their menstrual cycle that may affect the rate of alcohol metabolism. This makes a woman more susceptible to elevated blood alcohol concentrations at different points in the cycle. They will experience their highest BAC during their premenstrual stage. Since body temperature is also elevated at this time, and during menopause, a women's true blood alcohol level may be overstated because breath testing in Oklahoma assumes that the temperature of expired breath is 34 degree Celsius. Every degree above “average” will lead to a 6.9% false high reading. Also, there is also some evidence that a woman taking birth control pills will produce higher BAC levels.

Therefore a woman of the same size and drinking the same amount as a man will often show a higher BAC reading. Men and women’s bodies are different but the machine used by the police assumes they are. You should talk to a Certified DUI attorney who can protecting you from this bias.

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POLICE MISTAKES AND HOW THEY CAN HELP YOU

REMEMBER: I only have 15 days to request your first hearing.

Get a FREE evaluation of your case by filling out our CONFIDENTIAL online case evaluation, by calling 1-918-582-6333 or by calling 1-877-DUI-EDGE

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HOW CAN I ESTIMATE MY BLOOD ALCOHOL CONTENT?

You can estimate the percentage of alcohol in the blood by number of drinks in relation to body weight. To make an estimate:

1. Count your drinks (1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer).

2. Use the chart below and under number of "drinks" and opposite "body weight" find the percentage of blood alcohol listed.

3. Subtract from this number the percentage of alcohol "burned up" during the time passed since your first drink. This figure is .015% per hour. (Example: 180 lb.
man - 8 drinks in 4 hours / .167% minus (.015x4) = .107 %

[Created from NHTSA chart, with changes]

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REMEMBER: I only have 15 days to request your first hearing.

Get a FREE evaluation of your case by filling out our CONFIDENTIAL online case evaluation, by calling 1-918-582-6333 or by calling 1-877-DUI-EDGE.