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Oklahoma DUI News

Oklahoma DUI/APC Primer

If you are charged in Oklahoma with Driving Under the Influence of Alcohol or Drugs (DUI, DUI-D) or charged with Actual Physical Control of a Motor Vehicle Under the Influence of Alcohol or Drugs (APC), there are several basic things to know. If arrested for an Oklahoma DUI or an Oklahoma APC, you can be charged with a Municipal DUI or a District Court State charge of DUI.  The choice is generally the officer if he/she is a municipal officer.  If your DUI arrest is actuated ... Read More »

Oklahoma Amends Oklahoma DUI Forfeiture Law

The Oklahoma Legislature amended the forfeiture laws as they relate to Oklahoma DUI or Oklahoma  APC charges.  Previously, the forfeiture of a motor vehicle used when the driver was driving under the influence required a conviction on the charge and  that there be a previous conviction within the preceding ten years for DUI.  Moreover, to forfeit the vehicle, either the previous conviction or the new conviction must have involved serious bodily injury to another or death. Title 47  O.S. Section 11-902b was ... Read More »

My license is reinstated but I still have to have interlock?

In late 2011, Oklahoma passed the Erin Swezey Act which mandates additional ignition interlock installation on Oklahoma drivers reinstating their driver’s license after a DUI (driving under the influence)or APC (actual physical control).  On a first time revocation for these charges, the license revocation or suspension period is 180 days.  This time frame can be modified to allow driving with the installation of an ignition interlock in the vehicle.  Upon the expiration of the 180 days, the licensee may reinstate.  ... Read More »

OKLAHOMA BREATH TEST ARE INVALID

Oklahoma Court of Civil Appeals recently decided 6 combined cases regarding the validity of the breath test affidavit. Tulsa attorney Bruce Edge of Tulsa and Oklahoma City attorney John Hunsucker combined forces to bring this issue to a head Because of their action—ALL breath tests and refusals where the affidavit was printed on the Intoxilyzer 8000 are invalid. This decision was handed down on October 9, 2013. DPS had known of the issue for several years but took no action ... Read More »

Oklahoma Teen Sentenced to 10 Years of Church

THE SEPARATION OF CHURCH AND STATE? November 17, 2012 It is no surprise that judge  Mike Norman handed down church attendance as part of a plea bargain, but this is the first time it was done for something as serious as first degree manslaughter. The accused, 17 year old Tyler Alfred, was charged with manslaughter after crashing a car and killing the passenger, his friend John Dum. Alfred was under the legal limit for Oklahoma, but had still be involved with ... Read More »

Field Sobriety Testing in Oklahoma

When someone is pulled over for suspicious driving, the police officer is trained to test for different causes. Were they distracted? Texting? Intoxicated? To find out, an officer will ask the driver to remove themselves from the vehicle and perform standard field sobriety testing. This method is not meant to deliver a diagnosis with 100%, rather it helps determine whether or not the driver should be taken off the road immediately. If a driver agrees to go ahead with the ... Read More »