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Click to Contact a Oklahoma
City DWI Lawyer
A DWI in Oklahoma City is the same charge as driving
while intoxicated. See Driving Under
the Influence. If you have been charged with a DWI
in Oklahoma City or Oklahoma, contact the Oklahoma
City DWI Lawyers at Atkins & Markoff today for
the best DWI defense!
Click to Contact a Oklahoma
City DUI Lawyer
An Oklahoma City DUI is the same charge as Driving
Under the Influence. If you have been charged with a
DUI in Oklahoma City or Oklahoma contact the Oklahoma
City DUI Lawyers at Atkins & Markoff today for
the best DUI defense!
The Oklahoma City criminal
defense lawyers at Atkins & Markoff are familiar
with many possible DUI defenses and may question:
Who was Driving ?
Was there Probable cause ?
Were you read your Miranda
Rights ?
Were you given implied consent
warnings ?
Were you assumed to be under
the influence ?
Faulty tests create a skewed
blood-alcohol concentration?
Were you tested during the
absorptive phase ?
Was the proper protocol followed
during the blood-alcohol testing ?
Who was Driving
?
The prosecution must prove that the defendant
was in fact the one driving the vehicle. In a case where
there are no witnesses to an accident, intoxication
is not enough.
Was there Probable cause
?
There must be evidence provided that the officer had
probable cause to stop, detain and arrest.
Were you read your Miranda
Rights ?
If the Miranda rights were not given at the
appropriate time, incriminating statements may be concealed.
Were you given implied
consent warnings ?
In Oklahoma, if a chemical test was refused
or given incorrectly, and you were not advised of the
consequences of this, it may be a reason to invalidate
a DMV license suspension based upon the refusal to provide
a breath/blood sample.
Were you assumed to be
under the influence ?
The officer's observations and opinions as to what the
officer considers as "failing" can be questioned.
For example, the circumstances under which the field
sobriety tests were given. Witnesses can testify that
you appeared to be sober.
Faulty tests created a
skewed blood-alcohol concentration
?
There exists a wide range of potential problems
with blood, breath or urine testing. Many different
defects in analysis can be brought out in cross-examination
of the state's expert witness.
Were you tested during
the absorptive phase ?
The blood, breath or urine test will be unreliable
if done while you are still actively absorbing alcohol.
It can take thirty minutes to three hours for full absorption.
If there is food that has not yet digested it could
cause an inaccurate test result.
Was the protocol followed
during the blood-alcohol testing
?
The Oklahoma City prosecution must prove that
the blood, breath or urine test complied with Oklahoma
requirements.
Oklahoma
City DUI, DWI, OUI and Drunk Driving
Penalties :
1st Oklahoma City DUI Offense - Four (4) months license
suspension
2nd Oklahoma City DUI Offense- One (1) year license
suspension
3rd Oklahoma City DUI Offense One (1) year license
suspension
- Mandatory Alcohol Education & Treatment: Education
(under 21)
- Confiscation of Vehicle Possible: 3 rd Offense
- Ignition Interlock Device
Penalties also include possible jail time, fines and
possible community service. Second offense holds harsher
penalties. If you have been charged with a second offense
DUI, DWI or OUI contact the Oklahoma
City criminal defense lawyers of Atkins & Markoff
today!
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