First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are three key issues that are effected by waiting; (1) You only have 15 days to challenge the suspension of your license, (2) early subpoenaing of dash cam video and chemical breath testing service logs makes for a quicker resolution, (3) depending on your immigration status receiving a reasonable bond from the state may make all the difference between sitting in jail or at home awaiting resolution of your case.
If you are charged with drunk driving you have a right to fight a DUI charge and we can help. Let Boeheim | Freeman examine and possibly challenge the following:
- The reasonable and articulable suspicion for the vehicle stop.
- The questioning of you at the roadside or afterwards.
- The Pre-Arrest Breath Test.
- The Standard Field Sobriety Tests.
- The probable cause for the arrest.
- The Breath test and Blood test result themselves. **
- The possible suspension of your license.
* Standard Field Sobriety Tests is made of of three (3) parts. (1) Horizontal Gaze Nystagmus, (2) Heel-Toe-Turn, and (3) One-leg Stand tests. For a statistically accurate estimation of a person's level of impairment it is necessary to accurately complete all three (3) tests. This means if one of these tests was missed, or not administered properly, the entire SFTS can be challenged as being statistically inaccurate. Also, if you have any injuries or physical disabilities it would render the tests invalid. Finally, if you have any optical impairment or issues with your vision it can render that the HGN test invalid. Let Boeheim | Freeman take a good look at how the the SFTS was administered and make sure that an opportunity to challenge the evidence isn't overlooked.
** For Breath and Blood tests, challenges can be made to keep them out of evidence based on previously known equipment malfunctions. In the case of a Breath Test, we can challenge the maintenance, calibration and use of the Intoxilizer, and examine an argument against the admission of the result into evidence. In the case of a Blood Test, we challenge and look into possible 4th Amendment violations in the officer’s or trooper’s securing of your blood sample and to challenge the collection and subsequent analysis of the blood specimen. Likewise, possible 4th Amendment violations can constitute a basis for refusing to provide a blood sample. Many Breath and Blood Test results are inaccurate due to improper equipment and a number of cases have been thrown out or reduced due to improper equipment, without the help of Boeheim | Freeman, this challenge of evidence could be overlooked.