DUI Trial

Introduction

Any experienced Oklahoma DUI Defense Attorney  can tell you a DUI arrest does not equal a DUI conviction. You have the ability to fight your case and defend your driving privileges to try and avoid the stiff penalties for an Oklahoma DUI, which includes difficult probation, heavy fines, driver’s license suspension, and potential jail time. In order to fight your case, you need a strong defense.

How Often do DUI cases go to Trial?

Realistically, the majority of DUI cases do not go to trial; due to a number of reasons: 

  1. Experienced DUI Defense attorneys can obtain a positive outcome by plea bargaining with the prosecutor;
  2. The penalty for being convicted at trial is harsh, including up to one year in jail or potentially prison for felony DUI;
  3. First time offenders are often afforded the opportunity to perform probation in the community without any jail time;
  4. In DUI cases with a defense to level of intoxication or police misconduct, an experienced DUI Defense attorney may be able to have your case dismissed or reduced to a traffic offense or non-DUI offense.

Do many DUI Defense Attorneys avoid taking a DUI case to Trial?

Yes, many Criminal Defense Attorneys, even DUI Defense Attorneys, are not willing to take a DUI case to trial. Some firms include a “trial fee” in their originally flat fee. The attorney must expend more time, energy, and resources by going to trial and may try to persuade you to take a DUI plea deal. Our firm does not allow the motivation of saving Firm resources affect our advice on going to trial in your DUI case. We have a trial fee, which is only charged, if you decide to take your case to trial

Many DUI cases are based on scientific evidence and expert testimony, which makes a DUI case more complex, for your Defense Attorney, the prosecution, and the jury. Some Defense Attorneys have never trial a case and are afraid or uncomfortable with the idea of trial a DUI trial. We are not that Firm, we have trial multiple jury trials, ranging from serious felony cases to DUI trials and everything in between, that is why we can say we are Fierce Advocates. 

What Factors affect taking a DUI case to Trial?

There are a number of factors that affect the decision on taking a DUI to trial or accepting a plea agreement:

  • Can the government prove our client was in control of the vehicle?
  • Was the blood test conducted within the statutory two-hour time frame?
  • Can the government show the blood kit chain of custody?
  • Did the officer perform an improper Field Sobriety Test?
  • Did the officer fail to perform one of the DUI Field Sobriety Tests: Horizontal Gaze Nystagmus; Walk and Turn; or One Leg Stand DUI?
  • Was the traffic stop or police contact illegal in the DUI case?
  • Does the government have insufficient proof to show a necessary element of the DUI or APC?

Top Ten Trial Defenses in DUI case

  1. Top DUI Defense No. 1: Arresting Officer Failed to Follow Procedure
  2. Top DUI Defense No. 2: Field Sobriety Tests (“FSTs”) Do Not Accurately Measure Impairment
  3. Top DUI Defense No. 3: Officer failed to Conduct 15-Minute Observation Period
  4. Top DUI Defense No. 4: Officer Didn’t Comply with Erin Swazey Law on Blood and Breath Testing
  5. Top DUI Defense No. 5: Bad Driving Does Not Equal DUI
  6. Top DUI Defense No. 6: Objective Symptoms of Intoxication Do Not Equal DUI
  7. Top DUI Defense No. 7: Not DUI When Mentally Alert
  8. Top DUI Defense No. 8: Health Conditions Falsely Inflate Your BAC
  9. Top DUI Defense No. 9: Your BAC was on the Rise
  10. Top DUI Defense No. 10: Mouth Alcohol Causes False BAC Results

What is involved in a DUI Trial?

Most people and many Criminal Defense Attorneys do not know what a DUI trial involves. Criminal trials are not like what you see on television. Proper preparation to defense a DUI trial is a very time intensive and detail oriented process. Multiple DUI defenses and angles must be considered in each phase of the case: 

  1. The DUI traffic stop or police contact in an APC case; 
  2. The initial questioning by police; 
  3. The Field Sobriety tests: proper FST procedure and results of the test;
  4. DUI dashcam evidence;
  5. Record of involved police officer or sheriff’s deputy;
  6. Expert witness preparation for the defense;
  7. Impeachment or Daubert challenges to testimony or experience of government experts;
  8. Other issues involved in preparing to defend any criminal jury trial.

Experienced DUI Defense Lawyer in Oklahoma

Contact CANNON & ASSOCIATES in Oklahoma City for your DUI or APC defense. You have the right to the presumption of innocence. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your DUI or APC case or be your Fierce Advocate in jury trial. A conviction for DUI or APC may have long lasting effects and penalties. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association and a Super Lawyer. 

Contact CANNON & ASSOCIATES today if you have been charged with DUI, AP, Aggravated DUI, DWI, or DUI under 21 in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 657-2323 for a free confidential consultation and case evaluation. 

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Our Client Reviews

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"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."

- HOLLY ROSE

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"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."

- SHARON PINKARD

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"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."

- LEXI COYLE

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"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."

- ALAN MERRIMAN

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"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"

- MICHAEL RICKARD

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"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"

- ASHLEY

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"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."

- ATTORNEY COLLEAGUE

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"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."

- LAQUITA

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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."

- TARA

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"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."

- DUDLEY

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"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."

- ZAVIEN

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"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

- A FORMER CLIENT

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"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."

- CHRIS

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"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."

- CANDICE

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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"

- TARA

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"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone! "

- DOMINIQUE

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"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain. Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these. I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"

- ANONYMOUS

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"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

- S VANZANTE