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.

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.

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.

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.

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.

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.

According to the charges, Flores, then 23, met Flores-Rabago at a nightclub on October 26, 2008, and offered to give the woman a ride home, even though both women were intoxicated.  Around 2:00 a.m., Flores was driving south on Interstate 35 when her car left the road, struck a concrete wall, and came to a stop on the outside southbound lane, where it was struck by another vehicle on the driver's side.  Flores-Rabago was thrown from the car and pronounced dead at the scene.  Flores was paralyzed from the waist down.

Flores' Oklahoma City DUI defense attorney told the court that her client was remorseful for her actions.  Flores received one year in a correctional facility with nine years suspended after her DUI manslaughter conviction.  She is expected to receive alcohol rehabilitation while incarcerated.

Under Oklahoma DUI law, a fatal drunk driving accident can be charged a number of ways, depending on the circumstances of the accident.  An alcohol related death may be charged as:

• Negligent Homicide - A misdemeanor punishable by up to one year in jail
• Manslaughter - A felony punishable by four years to life in prison
• Second Degree Murder - A felony punishable by ten years to life in prison

If one has been convicted of a DUI within the ten years preceding the fatal accident, it is possible to be charged with Second degree murder, a crime which not only carries a minimum sentence of ten years in prison, but is also subject to the 85% Rule, which means that 85% of the sentence must be served before the convicted person becomes eligible for parole.

In light of the possible sentencing for Tara Lynn Flores's crime, a sentence of one year is relatively light.  Of course, she must pay for the rest of her life through her paralysis and the loss of her friend, but her criminal penalties were mitigated by the circumstances of the case.

If you have been charged with an alcohol-related death, negligent homicide, or DUI manslaughter, turn to an experienced Oklahoma City criminal defense lawyer for help.

John Halford, Jr., 25, of McCloud, was charged not only with purchasing alcohol for a person younger than 21, but also with second degree murder.  Halford is accused of buying alcohol for cousins Wyatt Dunn, 17, and Tory Allen Dunn, 20, in January of 2010.  The elder Dunn was deemed to be intoxicated when he later crashed his vehicle.  His teenage cousin died in the accident.

Halford and his attorney deny that Halford bought alcohol for the teenagers.  Halford claims he did buy vodka that night, but the minors took it from his truck.

Tory Dunn was convicted of second degree manslaughter and sentenced to six years in prison followed by lengthy supervision by the Oklahoma Department of Corrections.  Tory Dunn's Oklahoma criminal defense attorney claims that the charge and conviction were excessive, saying that factors other than alcohol played a role in the fatal accident, including a narrow, icy road and his attempt to swerve out of the way of an oncoming vehicle.  According to his lawyer, “We've always thought it was an excessive sentence for a young man who made a terrible mistake.  He chose to take the punishment out of grief for his cousin and concern a jury could give him more."

Cries of inflated charges are echoed by Halford's Oklahoma defense lawyer.  He said to reporters, “The person who is actually responsible gets manslaughter and Mr. Halford is charged with a heavier offense.  How is that right?  They're trying to make an example out of someone, and unfortunately Mr. Halford is caught in the cross hairs.”

The prosecution's own words seem to prove that point.  According to District Attorney Richard Smothermon, the case is the first such that he has seen, and he feels it could set a trend in Oklahoma.