Navigating DUI Defense Strategies is about having serious conversations with your criminal defense attorney. We al know that facing a DUI charge in Oklahoma can be daunting, but understanding your defense options is important. As a defendant in a DUI case you have to consider the strength of the States case and potential consequences to you if convicted. Those considerations must also take in to account if the DUI will impact your job and whether the DUI you are facing is a felony or a misdemeanor. This article covers some strategies that could potentially be useful in your defense, and how a DUI lawyer can help defend you and protect your rights.
Challenging The Legality Of The Traffic Stop
In Oklahoma, the legality of the initial traffic stop is a critical aspect. This traffic stop is governed by the 4th amendment to the constitution that makes illegal unlawful searches and seizures. Law enforcement must have reasonable suspicion to stop you before they can pull you over and search you or your vehicle. This suspicion is often based on observable driving behaviors like swerving or speeding. If your attorney can demonstrate that the officer lacks reasonable suspicion, evidence the cop gathers during the stop, including breathalyzer results, might be inadmissible. In the event the search is illegal so will the rest of the stop and it might be grounds to dismiss or be grounds to get you in an alternative court in Tulsa.
Questioning Field Sobriety And Breathalyzer Tests
The administration and accuracy of field sobriety tests and breathalyzers are often contested in DUI cases. Factors like improper administration, failure to follow protocol, or malfunctioning equipment can all impact the reliability of these tests. In Oklahoma, it’s important that the officer conducts these tests precisely as the law and guidelines dictate. Your defense might involve scrutinizing the officer’s adherence to these protocols.
No Actual Physical Control Of The Vehicle
In addition to DUI when you are actually driving a vehicle the state can charge you with an APC. In Oklahoma, to have charges brough on with an APC you must be in “actual physical control” of the vehicle to be for the DUI to go forward. This means being in a position to operate the vehicle while under the influence. If, for example, you were in a car in a parking lot, not actively driving, this could be a key point in your defense.
Challenging The Blood Alcohol Content (BAC) Results
BAC results are central to DUI charges. This includes both DUI felony or misdemeanor charges. However, various factors can affect their accuracy. These include calibration and maintenance of the testing equipment and the method of testing (breath, blood, or urine). Discrepancies or failures in following proper procedures can be grounds to challenge the BAC results.
Medical Conditions And Other Factors
Certain medical conditions, like diabetes or acid reflux, can affect breathalyzer results. If you have a medical condition that could have skewed the test, this can be a significant part of your defense. Additionally, environmental factors or personal characteristics (like weight or diet) that might impact BAC readings can also be relevant.
Improper Police Procedure
Any deviation from standard legal procedures during your arrest and processing can be important in your defense and impact the potential punishment in your case. This includes ensuring your Miranda rights were read to you and that the handling of the evidence and documentation was proper. If they did not follow proper procedures, it could lead to the suppression of evidence.
Necessity Or Duress
While less common, the defense of necessity or duress applies if there was no other choice but to drive under the influence due to an emergency or to avoid greater harm. This defense requires substantial evidence to support the circumstances leading to the necessity of driving.
Involuntary Intoxication
Although not real common involuntary intoxication might be a defense. If you consumed alcohol without your knowledge, as in the case of a spiked drink, involuntary intoxication could be a defense. However, this is challenging to prove and requires substantial evidence too.
An Oklahoma DUI Lawyer Near You
Facing a DUI charge can be overwhelming, but knowing these potential defense strategies can empower you in your criminal case. Consult with a knowledgeable attorney who can guide you through the difficult parts of Oklahoma’s DUI laws and help you mount a strong defense. The Tulsa Criminal Lawyers Law Firm represents many clients with DUI charges and has experience with using effective defense strategies under Oklahoma’s laws. If you’re accused of drunk driving, contact our Tulsa DUI Lawyers at (918) 416-0358 or online to explore your defense options.