|
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!
|
