In Oklahoma, drivers face DUI charges based on the blood-alcohol content reading secured after their arrest. The results of the test initiated by the officers determine whether or not the driver is guilty of the offense. A Tulsa DUI lawyer could provide clarity about common questions that criminal defendants may have about their charges.
How Does Implied Consent Work and Is There a Way Around It?
Implied consent is a ruling used by the state to indicate that the driver’s choice to drive while intoxicated gives the officers the right to test them for alcohol. However, despite this ruling, the defendant still has Miranda Rights, and the officers cannot force the driver to submit to testing. As long as the driver is tested, they won’t face charges for a refusal, and the defendant can delay testing until their attorney is present.
How is Probable Cause Established?
The officers must establish probable cause before they stop or arrest the defendant. According to the law, the officers must witness the driver committed a separate moving violation that would indicate a DUI before stopping the driver. They cannot stop the driver simply because the officers witnessed the driver leaving a nightclub.
Does a Blood Test Trump a Breathalyzer Test?
Yes, breathalyzers can be proven faulty under certain circumstances; however, a blood test can determine the exact amount of alcohol that is present in the bloodstream. It can also determine if the driver was using controlled substances before they chose to drive.
How is a DUI Established After a Car Accident with Multiple Injuries?
If a drunk driver is hospitalized after a car accident, the state is within their rights to obtain the results of a toxicology test. The doctor is required by law to test any patients they suspect are intoxicated or under the influence after an auto accident, and they can release test results to law enforcement if the patient is accused of a related crime.
In Oklahoma, drivers are charged with DUI once it is established that they had a blood alcohol content reading of 0.08 percent. However, the judge must establish that the reading was obtained legally and that the officers had probable cause to arrest the defendant.
In Oklahoma, drivers are charged with a DUI after their blood alcohol content reading is identified. Individuals who are facing these charges hire an attorney now.