Tulsa DUI Attorneys
Time is of the Essence
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 four key issues that are effected by waiting;
If you have been falsely accused of drinking we need to have you take an EtG test as soon as possible,
you only have 15 days to challenge the suspension of your license,
early subpoenaing of dash cam video and chemical breath testing service logs makes for a quicker resolution,
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.
EtG Urine Alcohol Test
This test will detect ingestion of Ethyl Alcohol within the past 80 hours. EtG is a metabolite of Ethyl Alcohol, and can be detected for longer periods of time after ingestion than simply testing for Ethyl Alcohol.
DPS - License Revocation
Once you are placed under arrest you will be given a Notice of Revocation. If your attorney makes a request for an administrative license suspension hearing within 15 days of being arrested, then your temporary driving permit will remain valid until a hearing is held. If, however, the hearing is not requested within the allotted 15 days, your driver’s license will be automatically suspended on the 30th day for a period of no less than six months. These hearings can be won. Let Boeheim Freeman’s team of attorneys help you keep your license.
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 - SFTS
This is a three (3) part test.
(1) Horizontal Gaze Nystagmus - HGN
(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 Law’s experienced DUI attorneys take a good look at how the the SFTS was administered and make sure that an opportunity to challenge the evidence isn't overlooked.
DUI Breath Test - Intoxilyzer
Portable breath tests are inadmissible to prove you were intoxicated. The use of an Intoxilyzer may be challenged and kept out of evidence based on previously known equipment malfunctions and the use of generic parts. We can challenge the maintenance, calibration and the improper testing procedure.
DUI Blood Test
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 of the issues stated above apply when you are accused of driving while impaired due to drugs. If you can get in to see us quickly we may be able to have a blood or U/A test performed, which may exonerate you. Certain drugs take days to exit the system. If we can show the prosecution that you have a clean drug panel they very well may drop the charges.
Drug Recognition Certification - DRE
The Standard Field Sobriety Test was created for and is only statistically accurate for assessing impairment from alcohol. It is flawed at best in helping an officer identify intoxication in a person under the influence of drugs. The State of Oklahoma has begun certifying some of their officers to be Drug Recognition Certified. This certification is not scientifically sound and fails to impress juries once they are made aware of the faulty statistics used to evaluate the success of this testing procedure.
DUI Litigation Expertise
These arguments are about statistics, chemistry, and biology. You need an attorney who not only knows the law, but also knows the science. Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or great and Blood Testing.