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:
- Experienced DUI Defense attorneys can obtain a positive outcome by plea bargaining with the prosecutor;
- The penalty for being convicted at trial is harsh, including up to one year in jail or potentially prison for felony DUI;
- First time offenders are often afforded the opportunity to perform probation in the community without any jail time;
- 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
- Top DUI Defense No. 1: Arresting Officer Failed to Follow Procedure
- Top DUI Defense No. 2: Field Sobriety Tests (“FSTs”) Do Not Accurately Measure Impairment
- Top DUI Defense No. 3: Officer failed to Conduct 15-Minute Observation Period
- Top DUI Defense No. 4: Officer Didn’t Comply with Erin Swazey Law on Blood and Breath Testing
- Top DUI Defense No. 5: Bad Driving Does Not Equal DUI
- Top DUI Defense No. 6: Objective Symptoms of Intoxication Do Not Equal DUI
- Top DUI Defense No. 7: Not DUI When Mentally Alert
- Top DUI Defense No. 8: Health Conditions Falsely Inflate Your BAC
- Top DUI Defense No. 9: Your BAC was on the Rise
- 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:
- The DUI traffic stop or police contact in an APC case;
- The initial questioning by police;
- The Field Sobriety tests: proper FST procedure and results of the test;
- DUI dashcam evidence;
- Record of involved police officer or sheriff’s deputy;
- Expert witness preparation for the defense;
- Impeachment or Daubert challenges to testimony or experience of government experts;
- 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.
