DUI - Breath Test - Tulsa Trial Attorneys

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Client Reviews From DUI - Breath Test Cases

"I HAVE NEVER HAD A LAWYER WORK SO HARD TO GET ME A FAIR SHAKE.  CIERA ARGUED AND ARGUED, AND NOW I AM OUT OF JAIL AND ABLE TO BE WITH MY FAMILY AGAIN.  THANKS!" T.W. - 10/31/17

“THIS WAS MY SECOND DUI CHARGE. I DON’T BELIEVE I WAS IMPAIRED EITHER TIME. THE FIRST TIME I PAID A BUNDLE AND ENDED UP HAVING TO DO PROBATION, CLASSES, AND HAVE AN INTERLOCK. THIS TIME I HIRED BOEHEIM FREEMAN LAW AND THEY FOUGHT THE OFFICER’S CLAIM I WAS INTOXICATED AND IT ENDED UP GETTING DISMISSED. THEY ALSO FOUGHT THE REVOCATION OF MY LICENSE AND WON. THE BEST PART IS THEY COST HALF OF WHAT I PAID LAST TIME.” A.B. 10/15/19Time 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;

  1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

  2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

  3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

  4. 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.

DUI - Breath Test

Let me start as I have all of these discussions on the subject of DUI’s by saying, “Don’t Drink and Drive!”  Now with that said, should you let the police test your breath for alcohol?  The short answer is NO, but let’s take a closer look at why.

Why a Breath Test?

Alcohol intoxication is legally defined by your blood alcohol concentration (BAC) level.  A BAC of .08 or above is the only scientifically objective way to prove someone is intoxicated.  The most accurate method of testing would be to take a blood or urine sample, but these are impractical for obvious reasons. The less invasive solution is to measure the ethanol level of a person’s breath.

How Does it Work?

Scientists found a direct correlation between the amount of ethanol in a person’s breath and the amount of alcohol in their blood (BAC).  In Oklahoma, the police use the Intoxilyzer to take this measurement.  The Intoxilyzer uses infrared light and a very small computer to interpret and calculate the BAC from a person’s breath.

Field Test or Jail Test?

Breath tests administered at the scene are usually not admissible in court because they are not as reliable.  This means that police have to administer the test when you get to the jail.  This can cause all sorts of issues that can make the test less reliable.  What you had to eat, the machines service log, and even if you burped prior to the test can bring into question the validity of the measurement.

Should you Take a Breath Test?

Our opinion is, Say No Thank You, and refuse the test.  There is no upside for you.  Without the breath test the police will have only their observations and the Field Sobriety Test.  This is much easier to fight than a number from a machine.

Interesting Legal Issue…if you did take the test, there is still hope.  The Intoxylizer evidence has been found unreliable in some at least one State.  The reason is that the manufacturer can’t prove the accuracy of their device.  It is only a matter of time before the Intoxilyzer will be challenged here in Oklahoma.

Last thought…Don’t wait…Hire an attorney right away, especially if you have a valid driver’s license.  There are several things a good DUI attorney can do for you, but every minute you hesitate places you at a greater disadvantage.

What if you Get Arrested for DUI or DWI?

You may be embarrassed and worried about how the drunk driving arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.

No one ever intends to be arrested for drunk driving or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know you are pulled over. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!

Why Do I Need an Experienced DUI Attorney?

If you have been arrested for driving under the influence for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa DUI Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled hundreds, if not thousands of DUI cases to insure that all stones are turned over .

After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.

CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791

What are the Issues you and Your Attorney Should be Discussing?

The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.

How Can Your Attorney Fight for You?

  • Was it a legal constitutional stop?

  • Did the officer follow procedure in testing you?

  • Was the SFST done properly?

  • Was the breath test done properly?

  • Was the blood test done properly?

More Issues and Things to Know

DUI Frequently Asked Questions (FAQ)

DUI - Breath Test 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 Breath and Blood Testing.

Call Us Today - 918-884-7791