In Oklahoma, the state applies strict penalties against any drunk driver that is convicted of a DUI charge. The charges indicate that the driver possessed a blood-alcohol content reading of at least 0.08 percent. A DUI attorney in Tulsa Okla provides these drivers with opportunities to fight a conviction and these hefty penalties.
Additional Blood Samples
The criminal defendant should request an additional blood sample from the correctional officers. This additional sample is provided to the defendant’s attorney for testing to determine if the defendant was over the legal limit and if they had any controlled substances in their system. The additional test can be used to prove the officer’s test results were inaccurate.
Initiating Miranda Rights
The criminal defendant has civil rights referred to as Miranda Rights, and these rights entitle the defendant to legal counsel as soon as they are arrested. By initiating these rights, the defendant can refuse chemical testing until their attorney is present, and they can lower their chances of facing a conviction. However, they must submit to testing, or they can face penalties for refusing to submit, and the state can impose penalties against them.
Mistake of Fact
To charge a driver with a DUI, the driver must be driving the vehicle, and the vehicle must be in motion. The officer cannot charge a driver for the charge simply because they were sitting behind the wheel of a parked automobile. If the vehicle wasn’t in motion, the attorney could use a mistake of fact defense to stop a conviction.
Faulty Testing Equipment
Breathalyzer tests must be maintained by the law enforcement agency, and they must create a log of servicing and repairs. The officers must conduct the tests according to the manufacturer’s instructions, and they must determine if the equipment works properly. If the device wasn’t tested or maintained, the attorney could use a defense based on faulty testing equipment.
In Oklahoma, the state prosecutes drunk drivers according to the blood-alcohol content reading obtained during the arrest. The driver must follow local traffic laws to prevent these charges; however, a defense attorney can build a defense for those accused of the crime. Defendants who are facing these charges contact an attorney right now.