In Oklahoma, a driving under the influence charge could incur serious criminal and administrative penalties. The state laws are enforced to lower the chances of a fatal car accident. All drivers who face the charges could lose their driving privileges for at least ninety days if convicted. A local attorney provides a legal defense against the criminal offenses.
Mistake of Fact Defense
An officer cannot stop a driver for a DUI if the automobile is not in motion. Any driver who is sitting in the driver’s seat of a parked vehicle cannot be arrested for DUI. Even if the driver starts the automobile and remains in the driver’s seat. they aren’t breaking the law. As long as the driver doesn’t shift into drive and the car remains parked, the driver isn’t guilty of a DUI.
The Presence of Rohypnol
The popular date rape drug is often placed in the drink of unsuspecting victims. It can mimic the same effects of intoxication. A driver who is arrested for a DUI will undergo chemical testing. If the date rape drug is present in their system, the driver could fight the charge and avoid a conviction.
Unlawful Traffic Stop
At any time that law enforcement officers stop a driver on the road, probable cause is needed. The officers cannot stop a driver simply because he or she was seen driving out of the parking lot of a nightclub. The driver must commit a traffic violation to present probable cause. The officers cannot stop the driver if they are traveling at the designated speed limit and are not driving recklessly.
Discrepancies in the Testing Results
Each time that correctional officers draw blood for chemical testing a defendant has the right to request a second sample. The additional blood sample is delivered to the defendant’s attorney for independent testing. The test results for each sample must match to ensure a conviction for the DUI charge.
In Oklahoma, law enforcement officers must follow state laws when arresting drivers for a suspected DUI. According to the law, the officers can require chemical testing through the implied consent laws. However, the officers must have probable cause first. Defendants who are facing the criminal offenses can contact Tulsa criminal defense attorneys now.