Driving Under the Influence (DUI) is a serious offense in Oklahoma. The State’s DUI laws are harsh and are meant to discourage DUI, an act that puts the driver and other road users at risk. However, if you have been arrested by a law enforcement officer on account of this offense, the best thing you can do is to work closely with an experienced DUI defense attorney to find and attack weaknesses in the government’s case being built against you by the prosecutor while also strengthening your defense. To achieve this goal, below are some of the things you need to be aware of in attacking the Prosecution’s case and strengthening your DUI defense.
What Happened at your DUI traffic stop?
To ensure you build a solid legal defense against a DUI charge, you need to be aware of what happened at the point of your arrest. For an officer to arrest you for DUI, you must have given the officer a reason to suspect you were driving drunk or physically incapable of operating a vehicle. Being arrested wrongly can cause serious problems for the prosecutor’s DUI case against you. To establish you may have been wrongly arrested, you should ask yourself the following questions:
– What led the police officer to stop you?
– Did your driving show signs of DUI?
– Did the police officer give any reason to have stopped you for DUI?
– Was the breathalyzer machine properly calibrated and operated at the time of BAC testing?
– Does the officer have the required training needed to administer the test?
It is important to note Oklahoma is an implied consent state; meaning refusal to submit to the breathalyzer test may earn you a revocation of your driver’s license amongst other penalties.
How Intoxicated Were You at the Point of your DUI Arrest?
The level of BAC can play a significant role in the prosecuting counsel’s case against you. The state’s legal limit is set at 0.08 percent BAC, however, you may be arrested with a BAC that is below the state’s limit and charged with a lesser crime like Driving While Intoxicated (DWI), if your BAC is 0.05 percent or above. You can also be arrested for DUI if you are under the age of 21 even if your BAC is below the state’s legal limit. All of these factors can affect how the case is presented.
To be on the safe side, ask yourself whether the arresting officer informed you of your BAC percentage at the time of arrest, an experienced DUI defense lawyer may also be able to get surveillance footage showing your actions on the day of arrest, as well as the dash cam and/or body cam worn by the office at the time of your DUI stop. Your level of intoxication, or lack of intoxication, will play an important role in determining how strong the prosecution’s DUI case is against you and how you can attack the prosecution’s case.
Remember What You Say Can Be Used Against You
One of the biggest problems people face at the time of a DUI arrest is trying to explain their way out of it. Whether during or after your DUI arrest, you should always remember that whatever you say can be used against you by the arresting officer and prosecutors. To make your DUI defense process less complicated, be sure to keep your mouth shut and only ask to speak to your attorney. Discuss your DUI case only with your attorney and make sure that your DUI attorney is aware of the smallest detail about the case to allow them to prepare better.
Contact – Cannon & Associates: Oklahoma Fierce Advocates in DUI Cases
At Cannon & Associates, our attorneys have the experience needed to represent you and your loved ones in all kinds of DUI cases. Take a leap of faith and save yourself from the consequences of a DUI conviction. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.