- Parts of a D.U.I.
- Criminal Charge
This is a criminal charge that is brought by the city or county that will allow a judge to place you in jail or convict you of a misdemeanor or felony. The legal limit of a persons blood alcohol level in the state of Oklahoma is .08%. Any rate higher will make it a crime to operate a motor vehicle. (a BAC of .15% of more is can be charged as an aggravated DUI). Those convicted can deal with a jail sentence, convictions, probation, fines, mandatory treatment and more.
*D.W.I.: Driving While Impaired is a charge similar to a DUI. If a person’s blood alcohol Content is between .05% to .08% they can be arrested charged with a DWI. This can include jail time and cost them their license.
*A.P.C.: Actual Physical Control is a charge that allows for a person arrest even if they are not driving their car while intoxicated. If a person is intoxicated with a substance that impairs the person ability to safely operate a motor vehicle and is in actual control (having the keys in close distance to the car) they can be arrested. (e.g. after a night of drinking a person decides to sleep in the back seat of their car while in possession of the keys.)
*D.U.I.D.: Driving under the Influence of Drugs. This charge is common used by law enforcement when someone is impaired but not under the influence of alcohol. (e.g. marijuana, opiates, xanax, etc…)
- License Suspension
The second part of the case has to do with the Oklahoma Department of Public Safety. The department will attempt to restrict or remove your driving privileges by suspending your license or making it mandatory for you to carry a breathalyzer. It is important that your rights are protected in both sides of your DUI case. You only have 15 days after your arrest to save your license or your license will automatically be suspended or revoked.
- D.U.I. Case Investigation
If you want an Oklahoma DUI, DWI, APC, DUID charge dismissed or reduced, hire an attorney who will properly investigate your case. This includes finding evidence for you, but most importantly, how to combat any case the prosecution will try to build against you.
An effective attorney will establish a strong and effective defense in the face of criminal charges. Eric Bayat will conduct a complete investigation into every aspect of your case. All circumstances of the case and arrest will be reviewed. Private investigators or forensic experts can and have been used, and are able to aid in your case.
After examining in detail, Eric Bayat may discover that the evidence is in error or in violation of your constitutional rights. Eric Bayat will use any mistake to the fullest extent toward getting the case dismissed or reduced.
- Sobriety Test Accuracy
There are currently three physical tests considered by the National Highway Traffic Safety Administration (NHTSA) to give an accurate indication of intoxication or impairment. Interestingly enough, even in the most perfect conditions, NHTSA studies themselves show that these tests are not close to 100% accurate. Though it is entirely possible that these tests can and have shown proof of impairment, it is important to remember that there is an extremely wide range of other circumstances that could show a “false positive”.
All test that are performed in a field sobriety test can be combated in Court. These test that are used in the field are designed to indicate failure. Knowing this is the first step to fight the validity of this test in a Court of Law.
Three commonly used field sobriety test
1.) Horizontal Gaze Nystagmus (HGN) test. This is a eye test that ask the taker to follow the movement of object. (usually the officers finger, pen or flashlight.) The examiner is suppose to determine if the takers eye movement is smooth or jerks.
2.) Walk and Turn: Heel to Toe walking test. This is a test that ask the taker to walk a line heel to toe and do a turn and return to the start position. The examiner is looking for indicators such as; using their arms to balance, beginning before the full instructions are given, not touch heel to toe, stops while walking to regain balance, steps off the line, or takes an incorrect number of steps.
3.) One Leg Stand (OLN): This test ask the taker to stand on one leg with the other leg approximately 6 inches off the ground while counting aloud (usually to 30). The examiner is looking for indicators such as; swaying, using their arms to balance, putting their foot down.
These test are suppose to indicate if a person is impaired or not. However, more often than not the examiner does not take into account any physical conditions the taker may have or the conditions of the environment. A stigmatism of the eyes could create a false positive for the HGN test. Standing on a heel or wearing uncomfortable foot wear could cause problems with completing the Walk and Turn or the One Leg Stand test. Of course numerous other factors should be considered while conducting these test. Having a lawyer that understand the test, the gimmicks, and the rhetoric law enforcement use to charge someone with a DUI, DWI, APC, or DUID is the best defense to get the charges dismissed or amended.