Tulsa DUI Lawyer

Not Every Oklahoma DUI Case Is the Same

Most people think of DUI as a drunk driving charge involving a breath test of .08 or higher. That is certainly one type of DUI case, but Oklahoma law also covers drug DUI, actual physical control of a vehicle, underage DUI, aggravated DUI, and felony DUI.

Oklahoma also has a separate offense called Driving While Impaired, or DWI. In an alcohol case involving an adult, a test above .05 but below .08 can support a DWI charge when there is additional evidence that alcohol affected the person's ability to drive. DWI is not simply another name for DUI.

The exact charge makes a difference. A first misdemeanor DUI presents different issues from a felony DUI, a drug DUI, an APC case, or a case involving a refused test and driver's license revocation.

What Police Look For During a DUI Investigation

Many DUI cases begin with an ordinary traffic stop. An officer may claim the driver was speeding, weaving, crossing a lane line, running a traffic light, driving without headlights, or committing some other traffic violation before making the stop.

Once the officer suspects alcohol or drug use, the investigation usually changes. The officer may ask where you have been, whether you have been drinking, what medications you take, or when you last used a particular substance. The officer may also look for an odor of an alcoholic beverage, bloodshot eyes, slurred speech, problems getting out of the vehicle, difficulty producing documents, or other behavior the officer believes shows impairment or intoxication.

Field sobriety tests are a major part of the investigation. Police will use the horizontal gaze nystagmus test, also called the HGN test, walk and turn test, one leg stand, or some other testing before deciding whether to make an arrest.

None of that evidence is viewed in isolation. What the officer wrote in the report will be compared with the body camera and dash camera video, if they are available, what instructions were given during the tests, what the person actually said, and everything else that happened during the encounter.

A Breath or Blood Test Is Important, but It Is Not the Whole Case

A breath or blood test becomes a major piece of evidence in a DUI prosecution. The result still has to be considered along with the circumstances surrounding the test and the rest of the evidence in the case.

In an alcohol case, the reported alcohol concentration obviously receives a great deal of attention. In a drug case, the questions may involve what substance was found, the amount reported by the laboratory, the person's behavior, the driving evidence, and whether the other evidence supports the accusation that the person was driving under the influence.

Having a prescription for medication does not prevent a DUI charge. Police can arrest someone who took medication lawfully if they believe the medication was involved in impaired driving.

Field Sobriety Tests Do Not Decide the Case

Field sobriety tests are designed to give an officer more information during a roadside investigation. They are evidence, but an officer's conclusion about the tests does not make the conclusion automatically correct.

Video is particularly useful when field sobriety testing is disputed. It may show the instructions the officer gave, the surface where the tests were performed, lighting and traffic conditions, how the person walked and stood during the encounter, and whether the video matches the description later written in the police report.

Physical conditions can also affect how someone performs. An injury, balance problem, footwear, age, fatigue, or another physical limitation may have nothing to do with alcohol or drugs but still affect what an officer sees during roadside testing.

The Traffic Stop Has to Be Lawful

When a DUI investigation starts with a traffic stop, police need a lawful reason to stop the vehicle. The reason stated in the police report should be compared with the available video and the actual circumstances surrounding the stop. If the officer did not have a lawful basis for the stop, evidence obtained afterward may become the subject of a motion to suppress.

Actual Physical Control Does Not Require Driving

A person does not have to be caught driving down the road to face a DUI related charge in Oklahoma. Actual Physical Control, usually called APC, applies when the State claims the person had control of a vehicle even though police did not actually observe the person driving it.

APC cases frequently involve parked vehicles. Where the person was found, where the vehicle was located, whether the vehicle was operable, where the keys were, and whether the person had access to the controls can become important parts of the case.

When a DUI Becomes a Felony

An ordinary first DUI is a misdemeanor unless another felony provision applies. Prior DUI convictions and qualifying deferred sentences can turn a later DUI into a felony, so the dates and final dispositions of earlier cases need to be checked carefully.

Oklahoma law also allows two or more separate DUI violations committed by the same person within one year to be combined and prosecuted as a single Class C2 felony. This rule creates a separate felony issue for someone facing multiple DUI allegations within a relatively short period of time when the first misdemeanor DUI has not yet been resolved by a plea agreement or trial.

Aggravated DUI is also a felony and does not require a prior DUI conviction. Oklahoma law identifies specific circumstances that make a DUI aggravated, so the charge depends on what the State claims occurred during the alleged DUI.

Drug DUI Cases Can Look Very Different From Alcohol DUI Cases

A drug DUI case may involve prescription medication, illegal drugs, marijuana, or more than one substance. Unlike a straightforward alcohol case built around a breath test, police may rely heavily on observations, statements, field sobriety testing, a drug recognition evaluation, blood or urine testing, and the person's driving.

A laboratory result showing a drug or metabolite does not answer every question in every drug DUI case. What substance was found, which part of Oklahoma's DUI law the State is using, and what the other evidence shows all affect the case.

The Criminal Case and Your Driver's License Are Separate

The criminal DUI charge is handled through the court system. Driver's license consequences are handled separately, and a test result or refusal will lead to action by Service Oklahoma even while the criminal case is still pending.

This sometimes catches people by surprise because they assume nothing needs to be done until their first court date. Read every document you received after the arrest and keep it with your other case paperwork, especially anything dealing with your driver's license, test results, refusal, or the Impaired Driver Accountability Program.

What Should You Do After a DUI Arrest?

Keep everything you were given by the officer, jail, court, and Service Oklahoma. That includes your bond paperwork, driver's license paperwork, breath or blood test documents, property receipts, and any other paperwork connected with the arrest.

Write down what happened while you still remember the details. Include why the officer said you were stopped, what questions you were asked, what you said, which field sobriety tests you performed, whether you were asked to take a breath or blood test, whether anyone else was present, and anything unusual that happened during the investigation.

Do not contact the officer to explain what happened or try to clear up something you said during the arrest. If police want to question you further about the alleged offense, you should decline to answer questions and ask to speak with a lawyer.