Driving under the influence (DUI) charges can be a serious matter in Oklahoma. The penalties for a DUI conviction can range from fines to jail time, loss of driving privileges, and even a permanent criminal record. If you are facing a DUI charge, it is important to understand that you have options for defending yourself in court. While every case is unique, there are several common strategies that can be used to challenge a DUI charge. Knowing these strategies can help you and your attorney develop a strong defense and possibly reduce or dismiss the charges against you. At, Murray Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding the DUI Laws in Oklahoma
Before diving into the strategies for defending against a DUI charge, it is important to understand the laws surrounding DUI in Oklahoma. In Oklahoma, a person can be charged with DUI if they are caught driving with a blood alcohol concentration (BAC) of 0.08 percent or higher. For drivers under the age of 21, Oklahoma has a zero-tolerance policy, meaning that any detectable amount of alcohol in their system can lead to a DUI charge. Additionally, even if your BAC is below 0.08 percent, you can still be charged with driving under the influence if law enforcement believes that your ability to drive has been impaired by drugs or alcohol.
DUI laws in Oklahoma are designed to keep the roads safe and to prevent accidents caused by impaired drivers. However, a DUI charge does not mean you are automatically guilty. There are many factors that can affect the outcome of your case, and with the right defense strategy, you can fight back against the charges.
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Challenging the Traffic Stop
One of the first things your attorney will look at when defending against a DUI charge is whether the traffic stop that led to your arrest was legal. In Oklahoma, law enforcement officers must have a valid reason, also known as “reasonable suspicion,” to stop your vehicle. This could be for a traffic violation such as speeding, swerving, or running a red light. If the officer did not have a valid reason for stopping you, then the stop may be considered illegal, and any evidence collected during the stop, including the results of a breathalyzer test, could be thrown out in court.
If your attorney can prove that the officer lacked reasonable suspicion, it could result in the dismissal of your DUI charge. This defense is often one of the first steps taken in challenging a DUI arrest, as it can completely undermine the prosecution’s case.
Questioning the Field Sobriety Tests
Another common defense strategy involves challenging the field sobriety tests that law enforcement officers use to determine if a driver is impaired. Field sobriety tests are a series of physical and mental exercises that are intended to measure a person’s coordination, balance, and attention. The most common tests include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test.
However, these tests are not always reliable indicators of impairment. Many factors, such as nervousness, fatigue, medical conditions, or even poor instructions from the officer, can cause a person to fail these tests even if they are not under the influence. Your attorney may argue that the results of the field sobriety tests should not be used as evidence against you due to their unreliability.
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Disputing the Breathalyzer Test
The results of a breathalyzer test are often a key piece of evidence in a DUI case. However, breathalyzer machines are not foolproof. There are many ways that the results of a breathalyzer test can be inaccurate. For example, if the machine was not properly calibrated, if it was not administered correctly by the officer, or if certain medical conditions (such as acid reflux) interfered with the test results, then the results may not be accurate.
Your attorney can request records to determine whether the breathalyzer machine was maintained and calibrated according to proper standards. If there is evidence that the machine was faulty, then the results of the breathalyzer test may be challenged and potentially excluded from evidence.
Presenting Alternative Explanations for Your Behavior
In some DUI cases, a driver’s behavior may be used as evidence to support the claim that they were impaired. This can include things like slurred speech, bloodshot eyes, or the odor of alcohol. However, there are often alternative explanations for these behaviors that do not involve alcohol impairment. For example, slurred speech can be caused by exhaustion or a medical condition, and bloodshot eyes may result from allergies or irritation.
Your attorney can present evidence that explains your behavior in a way that does not suggest impairment. This could weaken the prosecution’s case and raise reasonable doubt in the minds of the judge or jury.
Challenging the Officer’s Testimony
In many DUI cases, the officer’s testimony plays a crucial role in proving the case against the defendant. The officer will likely testify about your driving behavior, your appearance, and the results of any field sobriety or breath tests that were administered. However, officers are not infallible, and their accounts may not always be accurate.
Your attorney may challenge the officer’s testimony by questioning the accuracy of their observations or pointing out inconsistencies in their report. Additionally, your attorney may argue that the officer was not properly trained in administering DUI tests or that they failed to follow protocol. Discrediting the officer’s testimony can create doubt in the prosecution’s case and work in your favor.
Arguing that Your Rights Were Violated
As with any criminal charge, you have constitutional rights that must be upheld during the DUI arrest process. If your rights were violated, it could provide grounds for dismissing the charges against you. For example, you have the right to remain silent and the right to legal representation. If law enforcement failed to inform you of your rights, or if they coerced you into making incriminating statements without a lawyer present, your attorney can argue that your rights were violated.
Additionally, if the police conducted an illegal search of your vehicle or performed a breathalyzer test without your consent or without probable cause, these could also be violations of your rights. If any evidence was obtained through these unlawful actions, it may be excluded from the case.
Negotiating a Plea Deal
In some DUI cases, the evidence against the defendant may be strong, and it may not be possible to get the charges completely dismissed. However, this does not mean that all hope is lost. In situations where a full defense may not be successful, your attorney may negotiate a plea deal with the prosecution.
A plea deal involves agreeing to plead guilty to a lesser charge or accepting reduced penalties in exchange for avoiding a trial. For example, you may be able to plead guilty to a lesser offense such as “wet reckless” driving, which carries lighter penalties than a DUI conviction. While a plea deal does result in some level of punishment, it can often help you avoid the most severe consequences of a DUI conviction, such as jail time or a long-term license suspension.
Facing a DUI charge in Oklahoma can be overwhelming, but it is important to remember that you have options. Whether you are challenging the legality of the traffic stop, questioning the accuracy of field sobriety or breathalyzer tests, or defending your rights in court, there are many strategies that can be used to fight a DUI charge.
If you or a loved one has been charged with DUI, you need an experienced and dedicated legal team by your side. The Murray Law Firm is here to help. Our skilled attorneys will work tirelessly to investigate your case, challenge the evidence, and develop a strong defense strategy that is tailored to your specific situation. We understand the serious consequences of a DUI conviction, and we are committed to helping you protect your rights and your future. Contact the Murray Law Firm today for a consultation and let us guide you through the legal process.