A Guide To Winning a DUI Trial in Oklahoma

Winning a DUI Trial takes a focused and meticulous approach towards winning your criminal defense trial. Facing a DUI (Driving Under the Influence) charge in Oklahoma is a serious matter that can lead to significant legal consequences. Some of those consequences include large fines, license suspension, and even imprisonment. However, with a strategic approach and a thorough understanding of the legal process, it is possible to contest and potentially win a DUI trial. ​

Understand the Charges and Potential Penalties

In Oklahoma, a DUI charge is typically filed when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. If the blood alcohol exceeds 1.5% you can be charged as aggravated DUI and face more serious punishment. A first time DUI is considered a misdemeanor offense. The punishment for a first time DUI includes fines up to $1,000, and potential time in the County Jail of up to to one year. You will also face other requirements like a drug and alcohol assessment, victims impact and DUI school. A second time DUI is charged as a felony.

As a felony, the range of punishment only gets worse. Potential jail time often exceeds 1 year and can go up to 4 years in jail. For both a misdemeanor and felony DUI, your license will be suspended, and for both you are required to have a breathalyzer device installed in your vehicle before you can operate it.

Evaluate the Legality of the Traffic Stop

One of the primary defenses in a DUI case is challenging the legality of the initial traffic stop. This is the first place many criminal defense cases begin. It’s a 4th amendment argument that states that law enforcement must have reasonable suspicion to pull you over. They cannot just pull you over because they felt like it or because you are of a certain class of people. Among other potential reasons, observing a traffic violation or erratic driving behavior is often used. If the stop is found by the court to be illegal, any evidence obtained thereafter can be thrown out. This is called the fruit of the poison tree doctrine.

Challenge The Field Sobriety and Chemical Tests

Winning a DUI Trial can also depend on the Field sobriety tests (FSTs) and chemical tests (breath, blood, or urine) used to establish impairment. In particular the FST test is not a slam dunk for the government. and in many instances a jury might

• Field Sobriety Tests: There are several different factors that impact the results of a field sobriety test. Its easy to imagine how certain physical and even psychological conditions can hinder the outcome of the test. Factors such as medical conditions, fatigue, or nervousness can affect performance. Its easy to understand that an individual that suffers from chronic back pain has difficulty doing the walk and turn test in a field sobriety test. Its also understandable that a person becomes very nervous doing the test when its administered by a police officer with a gun and the power to jail you. Additionally, improper administration of these tests by officers can lead to inaccurate results. ​oklahoma-criminal-defense-lawyer.com
• Chemical Tests: Breathalyzer tests can also be problematic for the State. If the breathalyzer is not maintained correctly and calibrated by an expert the accuracy of the chemical test can be challenged. ​

Testimony and evidence challenging the reliability and the administration of these tests is possible but by no means is it a slam dunk. It takes a well thought out defense and organized attack on the States evidence to put on a winning DUI trial.

Challenge What The Officer Observed and How He Acted

An officer’s observations, such as detecting the smell of alcohol or noting slurred speech, are subjective and can be influenced by biases or external factors. Cross-examining the arresting officer about their training, experience, and the conditions during the stop can reveal inconsistencies or errors in their testimony. ​

Gather Evidence and Prepare For Trial

Collecting evidence that supports your defense is vital. This may include:​

• Witness Testimonies: Individuals who can attest to your sobriety before driving.​ The witness must appear and court for their testimony. If they do not appear the testimony is hear say and will not be admitted.
• Video Footage: Dashcam or surveillance videos that contradict the officer’s account.​ Video evidence is admissible as long as there is someone present to authenticate it.
• Medical Records: Documentation of medical conditions that could have affected test results or your behavior during the stop.​

Ultimately, solid evidence is your best bet to win your case.

Consider Reduced Sentencing

In some cases, Oklahoma offers diversion or reduced sentencing or probation for first-time offenders. An example of this type of plea deal is a deferred sentence. In this kind of sentencing, the State will withhold a finding of guilt until after the completion of a probationary period. If you pay all the fines and costs and don’t violate the probation, the case may be dismissed under the terms of the deferred sentence. The point here is that before you put on a trial for the DUI it’s important to work with your DUI attorney and see what if anything you qualify for.

Get Ready For The Trial

If the case proceeds to trial, thorough preparation is essential:​

• Develop a Defense Strategy: Work with your attorney to outline the defense approach, whether it involves disproving the prosecution’s evidence or presenting alternative explanations for observed behaviors.​
• Mock Trials: Conduct practice sessions to anticipate prosecution arguments and refine your responses.​ Although you probably wont be asked to testify, your input with your defense attorney is important.
• Proper Jury Instruction: Jury instructions are guidelines presented to the jury before they begin deliberations. They are fought over between both the defense attorneys and the prosecutors. Crafting jury instructions that are defendant-friendly is are an important step in reaching a not guilty verdict.
• Jury Selection: Jury selection is an important element for winning a DUI trial. Many people don’t understand that picking the right jury is really an art. Picking the wrong jury can be a fatal mistake in any criminal jury trial. Certain tools are used by attorneys to weed out jurors that might be less favorable to your arguments and defenses. It’s important to ensure an impartial jury by actively participating in the selection process with your attorney.​

Tulsa DUI Trial Attorneys Near You

Wining a DUI trial in Oklahoma might be in the cards for you. A successful trial begins with a comprehensive understanding of the crime you are charged with, meticulous preparation, and strategic defense planning. With close attention to all aspects of your case and working hand in glove with your Tulsa DUI criminal defense attorney, you can have success. For a free consultation with a Kania Law Office attorney, call 918.743.2233. Or, if you like, you can ask a free online legal question by following the link.