Oklahoma County Traffic Checkpoint Planned for Weekend
Law enforcement officers from several local agencies have planned a sobriety checkpoint and traffic enforcement night for Saturday night, April 28, 2012. Drivers caught at the checkpoint or pulled over during increased patrols may find themselves in need of an Oklahoma City DUI lawyer if they choose to drink before driving.
According to local media reports, the traffic enforcement night is being planned and implemented by the Oklahoma County Sheriff's Department, the Oklahoma Highway Patrol, and other law enforcement officers. While the agencies have not identified the specific location of any checkpoint or checkpoints, they say that in addition to any DUI roadblocks, there will also be increased patrols searching for traffic violations.
While sobriety checkpoints often result in a handful of Oklahoma City DUI arrests, more frequently, these traffic checkpoints yield warnings and citations for violations such as expired tags, lack of insurance, and minor infractions. Usually, there are also arrests of individuals with outstanding warrants.
Any Oklahoma DUI lawyer can advise you that the only way to avoid being arrested for driving under the influence is to avoid drinking before driving. If you choose to drink and drive, you risk arrest and conviction of DUI charges. Conviction may lead to jail or prison, significant fines, loss of driver's license, installation of Ignition Interlock at driver's expense, alcohol treatment and monitoring, and community service. Losing your license impacts your ability to attend work, school, church, and even run simple errands without relying on others for help.
While Oklahoma DUI is generally defined as driving with a blood alcohol concentration (BAC) of 0.08 or above, there are certain conditions--such as underage drinking and driving--that can lead to a DUI or alcohol-related driving offense with a BAC much lower than 0.08. You can be arrested for DWI (driving while impaired) with a BAC between 0.05 and 0.08, and you can be arrested for APC (actual physical control) even if you are not driving.
If you are arrested for DUI or any other serious traffic offense, it is important to contact a qualified attorney as soon as possible. An experienced Oklahoma DUI attorney can help you understand the specific charge you face and the penalties that may be associated with conviction. Through careful analysis of the specific details of your case, your attorney can craft a strong defense that may be able to help you avoid jail. Dismissal of the charge following an illegal traffic stop, reduction of the charges, and deferred sentencing may all be options that help you quickly get back on track following a DUI arrest in Oklahoma.
Are Field Sobriety Tests Accurate in Determining DUI?
Many Oklahoma City DUI lawyers say that submitting to a field sobriety test during a traffic stop is not advisable. For years, DUI defense attorneys have been claiming that the National Highway Traffic Safety Administration's (NHTSA) Standardized Field Sobriety Tests are inaccurate, poorly constructed tests that are designed for the subject's failure. Furthermore, argue many DUI defense lawyers, the police officers conducting the tests have often been inadequately trained to properly administer the tests and accurately assess the results.
Proponents of the field sobriety tests argue that the tests are a valid and useful tool for identifying driver impairment, dismissing the objections of DUI lawyers as an unsubstantiated defense strategy. However, notable researchers and statisticians have demonstrated that field sobriety tests are flawed and improperly administrated with subjective results.
Dr. Spurgeon Cole is one such researcher. Dr. Cole is a retired psychology professor at Clemson University. His area of expertise is the study of measurements, and he asserts that Standardized Field Sobriety Tests (SFSTs) are "failure-designed." In one study by Dr. Cole, fourteen police officers were shown video of twenty one subjects performing SFSTs and asked to determine their impairment based on the results of the tests. The officers determined that nearly half (46%) of the participants were impaired by alcohol.
In fact, all twenty one participants had a BAC of 0.00%--completely sober.
According to Dr. Cole, these results are not much better than a random guess. "If you use all of [the field sobriety tests], and do them right you are only 26 percent better than chance, 74 percent as much error as you would have if you just randomly guessed." His results are supported by the research of other experts.
Research conducted by Board-Certified Forensic Psychologist Stephen Rubenzer, Ph.D., using the Horizontal Gaze Nystagmus (HGN) to determine driver impairment is greatly flawed. According to his research, officers using only HGN as a measure of impairment falsely identify 64% of drivers as having a BAC between o.05 and 0.09%. If an officer has only been briefly trained in the use of SFSTs, his rate of error is as high as 75%, even when the HGN test is used in conjunction with other field tests.
The other commonly used tests are the Walk and Turn and the One Legged Stand. These tests may be difficult to perform, especially for drivers with limited physical capabilities. In Dr. Rubenzer's study, it was determined that officers often judge a participant's performance based on personal bias--including how the driver smells or his speech clarity--and not, in fact, based on performance alone. He further reports, "A recent survey of British police surgeons found about half expressed concerned about the SFSTs being too difficult or the grading too harsh. Amongst those with advanced credentials (a Diploma of Medical Jurisprudence or Diploma of Forensic Medicine) over 60% of respondents expressed reservations for the Walk and Turn and One Legged Stand." Even police experts have reservations about the validity of these tests.
The research explained here is in no way intended as legal advice, nor should it take the place of counsel from an Oklahoma City DUI lawyer. It does illustrate that there are strong objections to the validity of the NHSTA's Standardized Field Sobriety Tests, and that there are questions about the effectiveness of officer training. Whether or not you submit to field sobriety testing during a traffic stop is your own decision; however, it is important to be well-informed of your rights. You are not required by Oklahoma law to submit to any field sobriety test or roadside portable breath test. Under Oklahoma's Implied Consent doctrine, however, you are required to submit to chemical blood analysis following a DUI arrest.
If you have been arrested for DUI, contact an experienced DUI lawyer in Oklahoma City. Your attorney can evaluate all circumstances of your arrest and may be able to effectively challenge any evidence obtained from field sobriety tests.
Sex, Drugs, Firearms and DUI cases
Phillips and Bailey finished a busy but successful week with multiple dismissals. These Oklahoma criminal cases included:
- Rape in the 2nd Degree
- 3 possession of drug paraphernalia cases
- 2 possession of a firearm in the commission of a felony
- Driving Under the influence
Ignition Interlock in Oklahoma DUI Sentencing
Most states require the installation of an ignition interlock device on vehicles owned by repeat DUI offenders. In Oklahoma, recent legislation that took effect November 1, 2011, made ignition interlock a sentencing requirement in all Oklahoma DUI convictions--even DUI as a first offense.
Under the new DUI law, those convicted of DUI in Oklahoma are required to install an ignition interlock device on any vehicles they own. Additionally, once these drivers' licence suspensions are complete, they are required to obtain a special driver's license that clearly states "Interlock Required." These licenses signal officers that a driver is not legally permitted to drive any vehicle without the interlock device installed and helps prevent DUI offenders from circumventing the law by driving another's vehicle.
What is ignition interlock?
Essentially, the ignition interlock device is a breathalyzer machine that prohibits a vehicle from starting if the driver's Blood Alcohol Concentration (BAC) meets or exceeds the set point of the device--generally 0.02 or 0.04 percent, which is lower than the legal limit of 0.08 percent for DUI in Oklahoma. The device is designed to prevent impaired drivers from taking the wheel after drinking. Often, those who have been drinking underestimate their level of impairment. With an ignition interlock device installed, there is little room for error. Ignition interlock devices are often equipped with a camera so an impaired driver may not get another person with "clean" breath to blow into the device to start the car.
Who is responsible for oversight of ignition interlock in Oklahoma?
The ignition interlock industry in Oklahoma is regulated by the states Board of Tests for Alcohol and Drug Influence (BOT). The BOT certifies ignition interlock devices annually, and they publish a list of approved devices. The BOT further licenses ignition interlock service centers and approves and licenses ignition interlock technicians. Ignition interlock is installed at the expense of the convicted driver. Once the device is installed, the licensed ignition interlock technician provides the driver with verification of the device installation and remits the appropriate fee to the BOT.
Ignition interlock rental fees are approximately $70-$100 per month, and installation is approximately $100. Tampering with an ignition interlock device or attempting to disarm or disable the device is a crime punishable by a fine of $500 and up to six months in jail.
If a vehicle owner knowingly allows a driver with an "Interlock Required" license to drive a vehicle without the device, he or she may be charged with a misdemeanor punishable by a fine of $500 and up to six months in jail.
The installation of an ignition interlock device is a requirement only after the completion of a driver's license suspension. Once the suspension period is up, the Oklahoma DUI offender must provide proof of installation of an ignition interlock device in order to have the license reinstated.
For more information about ignition interlock and other Oklahoma DUI laws and penalties, contact Phillips and Bailey to speak with an experienced DUI lawyer in Oklahoma City.
High Profile Oklahoma DUI Arrests Show No Immunity
Oklahoma DUI lawyers represent individuals who have been charged with Driving Under the Influence of alcohol or drugs. While some people may carry a stereotypical view of an intoxicated driver, the truth is that anyone who drinks and takes the wheel may be charged with DUI or other alcohol related traffic offense. From the college student partying with friends, to the shift worker hitting happy hour for a few beers, to an urban professional having cocktails during a business lunch, anyone who drinks and drives may find himself or herself charged with a criminal offense. Oklahoma DUI is not a crime that is only committed by alcoholics. It may be committed by any person who drives after drinking--frequently, a person who does not realize how few drinks it can take to put one's blood alcohol content (BAC) over the legal limit. In fact, underage drivers can be charged with DUI under 21 with a BAC as low as o.02.
Three Oklahoma DUI arrests in the past week show that DUI is a crime that can affect anyone, including an Oklahoma City councilman, a former assistant police chief, and the former president of a Christian university.
Last Friday, councilman Skip Kelly was arrested for DUI in Oklahoma City when police officers discovered him sitting in his damaged car. Allegedly, Kelly was intoxicated when his vehicle jumped a curb and hit a fire hydrant. Kelly, himself an Oklahoma City DUI attorney, told police that he was not drunk and that he had consumed only a glass of wine before driving. He claims his accident was caused when he took evasive action to avoid a vehicle that almost collided with him. He refused to submit to a breathalyzer test. If Kelly is convicted of DUI, it will be his second Oklahoma DUI conviction within three years. As a second DUI offense, the crime will be charged as a felony, with Kelly facing a fine of up to $2,500 and a maximum of five years in jail. If he is convicted of a felony, he will also be required to forfeit his position as a member of the Oklahoma City Council.
In a separate DUI case, a former assistant police chief with the Moore Police Department was arrested on an Oklahoma County DUI complaint on Saturday afternoon. According to the arresting officer, Gary Wayne Tipps, 55, exhibited slurred speech and poor balance when he was pulled over. Inside the vehicle were a loaded handgun and a cup containing a substance that "smelled like whiskey." Tipps was reported to be belligerent when arrested, kicking out a window of the police car and spitting on a jailer. In addition to DUI, Tipps has been charged with destruction of property, possessing a firearm while under the influence, and throwing bodily fluids on a government employee.
On Tuesday, former Oral Roberts University president Richard Roberts was arrested for speeding and DUI near Tulsa, Oklahoma. He was allegedly clocked travelling at 93 mph in a 65 mph zone. When Roberts was pulled over, the arresting officer claimed to smell alcohol and said that Roberts was unable to perform two field sobriety tests to check coordination. A blood alcohol analysis revealed his BAC to be 0.11.
Anyone who consumes alcohol prior to driving may find himself or herself charged with DUI. Not every DUI arrest comes from erratic driving or from a motor vehicle accident. More commonly, a person may be pulled over for a minor infraction, such as a rolling stop, turning into the far lane, or a burned-out headlight. If, during the traffic stop, an officer suspects the driver may be intoxicated, a DUI arrest may occur. Those arrested for DUI should immediately seek counsel from an experienced Oklahoma DUI lawyer.
Plan Carefully to Avoid Holiday DUI in Oklahoma
With the holiday season in full swing, Oklahoma DUI defense attorneys are beginning to see a surge in alcohol related driving offenses. Though driving under the influence is a common offense, it is fully avoidable if people plan ahead to use designated drivers, hire taxi cabs, or call an organization offering a safe ride home, such as AAA's "Tipsy Tow" service.
Driving under the influence is dangerous not only to the intoxicated driver but also to others on Oklahoma roadways. An Oklahoma DUI arrest can come after a routine traffic stop, a traffic stop specifically for suspicion of DUI, a sobriety checkpoint, or after an alcohol-related crash. The last example may involve criminal charges and civil litigation beyond the DUI charge. If you are arrested for DUI in Oklahoma, you face serious consequences if convicted:
- First Offense DUI: Misdemeanor punishable by ten days to one year in jail and a fine of up to $1,000
- Second Offense DUI (within ten years of the first): Felony punishable by one to five years in prison and a fine of up to $2,500
- Third Offense DUI: Felony punishable by one to twenty years in prison and a fine of up to $5,000.
In addition to fines and jail or prison time, a person convicted of DUI in Oklahoma may also be subject to driver's license suspension, probation, community service, alcohol treatment and monitoring, and ignition interlock.
Other circumstances of the DUI arrest and conviction may lead to enhanced charges. For example, if a driver is found to have a blood alcohol concentration (BAC) of o.15 or greater, he or she will be charged with aggravated driving under the influence which carries additional penalties. If an Oklahoma DUI conviction follows a previous conviction involving a DUI-related death (first degree manslaughter, negligent homicide, or second degree murder), the penalty includes five to twenty years in prison and a fine of up to $10,000.
DUI is prosecuted aggressively in Oklahoma because the consequences of DUI can be deadly. Prosecutors often feel that harsh sentences will serve as a deterrent to driving under the influence. In 2010, there were 245 DUI fatalities in Oklahoma, an increase of more than 17% over the preceding year. In the five years from 2006 to 2010, DUI in Oklahoma County alone led to 117 deaths. Alcohol-related driving deaths are more likely to occur during Christmas and New Year's Eve than at any other time in the year. According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), forty percent of holiday roadway fatalities are the result of an intoxicated driver--a twelve percent increase over the rest of the year.
We encourage you to find a safe and responsible holiday. However, if your holiday cheer lands you behind bars facing an Oklahoma DUI or other alcohol related offense, contact Phillips and Bailey to speak with an Oklahoma City DUI lawyer who can handle your defense.
Avoid Oklahoma DUI with Designated Drivers
During the holiday season, Oklahoma City DUI defense attorneys often see an increase in business, as holiday parties combine with a sobriety checkpoints to yield an increase in DUI arrests. However, there is no reason to see an increase in DUI arrests in Oklahoma if drivers and party goers take advantage of opportunities to keep the roadways safe.
AAA kicked off the holiday season of their Tipsy Tow service over the Thanksgiving weekend. Tipsy Tow eliminates one problem faced by party goers who realize that they have had too many drinks to drive safely. If a person finds himself or herself too intoxicated to drive, the safe thing to do is call a cab or get a ride home from a sober friend. However, these options require going back to retrieve one's car the next day. For some people, trying to find a ride back to their car in the morning can be a hassle. Rather than trying to figure out how, many simply risk the drive home--which may result in a dangerous accident or a DUI arrest. Tipsy Tow remedies this risk by not only taking an intoxicated person home, but towing his or her car free of charge within a 15 mile radius of the point of pick-up.
One does not have to be a member of AAA to take advantage of the Tipsy Tow service, which is available from mid-December through New Year's Day. Tipsy Tow will not only transport you and your vehicle to your home, but will allow one additional passenger, getting couples home safely.
Another option for avoiding a DUI in Oklahoma City or Norman is to call Safe Rides LLC, a designated driver service that operates year-round to get you and your passengers home safely. While Safe Rides LLC is not a free service, it is different from a typical cab service in that it also gets your vehicle to your destination, eliminating the need for morning-after pickup.
As any Oklahoma City DUI lawyer can tell you, the hassle of a DUI arrest and the ensuing legal consequences far outweigh any "inconvenience" of finding a designated driver and any expense of hiring a cab or safe ride home. Tipsy Tow is just a phone call away, delivering you and your car safely home with no expense and no questions asked.
The Oklahoma DUI lawyers with Phillips & Bailey encourage you to drink responsibly and designate a sober driver for all of your holiday parties. We wish you a safe and happy holiday season.
New Oklahoma DUI Law Takes Effect November 1
The bills passed into law by the Oklahoma legislature will take effect tomorrow, November 1, 2011. Among the 186 new laws will be tougher traffic laws that strengthen the penalty for Oklahoma DUI and other traffic offenses.
Senate Bill 529, authored by Sen. Clark Jolley, R-Edmond, becomes effective tomorrow and strengthens existing DUI penalties. The Erin Elizabeth Swezey Act, named for a 20-year-old Edmond woman killed when she was involved in an accident with an intoxicated driver, will allow ignition interlock to be installed on a driver's car on the first DUI conviction. Previously, ignition interlock was only used on a second or subsequent Oklahoma DUI conviction. The driver in Erin Swezey's accident, who was also killed, had a blood alcohol concentration of 0.29 and had prior DUI convictions.
Under the new law, drivers with a BAC of 0.15 or greater on a first offense will have ignition interlock installed at their own expense and be required to have it for 18 months. A second DUI conviction with a BAC of 0.08 or greater will result in ignition interlock for four years, and subsequent offenses require the device for five years. Drivers required to have ignition interlock installed on their vehicles will be prohibited from driving any vehicle without the device, and their driver's licenses will be stamped with "Interlock Required," making it easy for police officers to ascertain whether or not the driver is legally driving the vehicle.
Another way the new law makes DUI penalties more severe is by removing a judge's ability to accept a plea agreement to a lesser charge. This will take away one DUI defense option for Oklahoma DUI lawyers. The only DUI defense will now be to get the charge completely dismissed or to obtain a not guilty verdict.
Senate Bill 529 is only one of nearly 200 bills taking effect tomorrow. Another law taking tougher action against traffic offenses is House Bill 1507, also called "Aaron's Law," which targets reckless driving. One example of a penalty under this law is the 12-month driver's license suspension for anyone who passes a stopped school bus loading or unloading passengers. The license revocation is in addition to existing penalties of a $249 fine and four demerit points against the driver's license, and there are no exceptions granted to the suspension. The year's suspension also applies to reckless driving and failing to obey a traffic signal resulting in great bodily injury.
With significantly tougher penalties for DUI and traffic offenses, it is more important than ever for those facing criminal charges to seek legal counsel from an experienced reckless driving lawyer or DUI lawyer in Oklahoma City. Your rights are in jeopardy, and only skillful defense can adequately protect you from unnecessary consequences.
Illegal Traffic Stops and Oklahoma DUI Defense
One of your rights under the United States Constitution is the right to be free from unreasonable search and seizure. Inherent in this right is protection from being pulled over without probable cause in a traffic stop. If you were stopped or searched without probable cause, an Oklahoma criminal defense attorney may be able to get your case dismissed, keeping you from criminal conviction.
One common application of this defense strategy is in Oklahoma DUI defense. In order for a police officer to lawfully pull you over on suspicion of DUI, he or she must have probable cause for the traffic stop. In other words, he or she must have observed behavior that lends the officer to believe the driver may be impaired. Driving late at night or in the pre-dawn morning is not sufficient cause for a driver to be stopped. Neither is driving past an officer who is stopped near a bar or nightclub. Rather, an officer must observe driving behaviors that are either clear traffic violations or known indicators of intoxication.
The National Highway Traffic Safety Administration (NHTSA) has developed a chart that outlines indicators for reasonable suspicion of DUI. Any driving action that reflects a more than 25% likelihood of intoxicated driving is considered acceptable as probable cause for a traffic stop. Some of these indicators include:
- Driving without headlights at night (30% probability)
- Driving into oncoming traffic (45% probability)
- Tailgating (45% probability)
- Drifting between lanes (50% probability)
- Driving excessively slowly - at least 10 mph below the posted limit (50% probability)
- Weaving between lanes (60% probability)
- Near-collision with another vehicle or object (60% probability)
Though items with greater than 25% probability of intoxicated driving provide probable cause for a traffic stop, items with a greater than 50% probability of an impaired driver give an officer reasonable suspicion for further DUI testing, including field sobriety tests and portable breath tests. Many DUI defense attorneys in Oklahoma City recommend that you decline field sobriety tests and roadside breath tests, as these serve to give officers probable cause for your DUI arrest. They are not designed to help you clear your name and be on your way.
If you were pulled over without probable cause, you were subject to an unlawful traffic stop. This violation of your rights may lead to the case against you being dismissed entirely, regardless of the results of your blood test. Any evidence gained from an illegal traffic stop is inadmissible. If you have been arrested for DUI in Oklahoma City, call an Oklahoma DUI defense attorney to ensure that your rights are protected. It is important that you tell your DUI lawyer everything you can about your traffic stop and subsequent arrest. If an officer did not have probable cause or reasonable suspicion for your stop or arrest, your attorney will likely be able to use the illegal traffic stop as a key element in your defense.
For more information about DUI defense in Oklahoma, contact the experienced attorneys with Phillips & Bailey at (405) 607-1177.
Oklahoma City DUI
Today in Oklahoma City Municipal Court, Phillips and Bailey were successful in having the DUI case against one of our clients dismissed. Phillips & Bailey is one of Oklahoma's top criminal defense attorneys. Contact them to see how they can help with your DUI or other traffic related criminal charges.